Stryker v. Rusch

The complaint which Special Term has sustained seeks to rescind a contract for the sale by defendant to plaintiffs of a trailer and to recover the amounts paid on the contract. The first cause of action charges fraud, predicated upon representations that the trailer 6 ‘ was in perfect and excellent condition, was brand new, had no defects and was structurally sound.” The second cause of action is for breach of warranty and alleges, first, implied warranties that the trailer ‘ ‘ was of merchantable quality and * * * reasonably fit for the purpose of human habitation ”; and, second, express…