Legal Opinion
Loonsk Bros. v. Sinclair Motor Corp.
Appellate Division of the Supreme Court of the State of New York
Decided May 4, 1938PublishedCited by 2 opinions
1Opinion of the CourtLewis, J.
The amended complaint sets forth a cause of action for a breach of warranty by the defendant in connection with a sale to plaintiffs of eight fight delivery trucks. Upon the trial defendant conceded that the trucks which it had sold and delivered to the plaintiffs were of 1935 model, thus narrowing the issues to a determination of plaintiffs’ claim that the defendant had agreed to deliver trucks of 1936 model and so warranted those which were delivered.
*138At the close of the proof submitted by both parties the trial justice directed a verdict in favor of the defendant upon two grounds: (1) That…
2Cases cited5 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Collender v. . DinsmoreNew York Court of Appeals · 1873
- Bond Electric Corp. v. Gold Seal Electrical Co.New York Court of Appeals · 1936
- Ayers v. Palatine Insurance Co., Ltd., of LondonNew York Court of Appeals · 1922
- Stroud v. FrithNew York Supreme Court · 1851
3Cited by2 opinions
- Arbuckle v. Lumbermens Mut. Casualty Co. of IllinoisCourt of Appeals for the Second Circuit · 1942
- Electronic Instruments for Research, Inc. v. Georgetown UniversityDistrict of Columbia Court of Appeals · 1966