Zellan v. Cole

This is an appeal from a judgment of the Municipal Court of Appeals. The question concerns the application of the statute of limitations to a cause of action for breach of a contract. The contract was for the building of a house and contained the provision: “ * * * the basement shall be dry and shall remain dry for a period of three years.” Such a warranty may be either an affirmation of a condition as of the date of delivery of the property or a promise to maintain, or both. Whether it is an affirmation or a promise depends upon the meaning of the contract. That meaning, of course, is to be…