Sokoloff v. Corinto Steamship Co.

Appellant, defendant in the trial court, seeks review of an adverse summary judgment in an action to collect on a promissory note. He urges as points on appeal a breach of oral warranties and a failure of consideration for the execution of the promissory note. We find no error in the judgment here under review.

The four written agreements involved in the transaction out of which the promissory note arose, indicate that a vessel was sold “as is, where is”, which clearly excluded any oral representation or warranties as to the performance capabilities of the vessel. Yanish v. Fernandez, 156…