Socony Burner Corp. v. Gold

The complaint contains two causes of action. The first is to recover the unpaid balance of the purchase price of an oil heater sold to defendant under a written conditional sale contract. It had been installed in defendant’s residence. The defense is that the heater was not as warranted because of the noise it made and its failure to furnish sufficient heat. The contract excluded all representations and warranties except as therein contained and provided: “ Seller guarantees that if the Buyer complies with all the recommendations of its engineers with respect to Buyer’s heating plant, the…