Legal Opinion
Railroad Waterproofing Corp. v. Memphis Supply, Inc.
New York Court of Appeals
Decided January 25, 1952PublishedCited by 4 opinions
1Per curiam
We agree with the courts below as to the vacation of the order of attachment, and as to the dismissal, for lack of jurisdiction, of the complaint of Railroad Waterproofing Corp. against Memphis Supply, Inc., based upon the latter’s alleged misrepresentation. We do not agree with the Appellate Division that Railroad Waterproofing Corp. had a lien on the truck for the purchase price paid by reason of breach of warranty under sections 150 and 134 of the Personal Property Law, inasmuch as the conditional sales agreement contained a clause negativing warranties, express or implied, not “ endorsed…
2Cases cited1 opinion
- Lumbrazo v. WoodruffNew York Court of Appeals · 1931
3Cited by4 opinions
- Procter & Gamble Distributing Co. v. Lawrence American Field Warehousing Corp.New York Court of Appeals · 1965
- Broderick Haulage, Inc. v. MacK-international Motor Truck Corp.Appellate Division of the Supreme Court of the State of New York · 1956
- Freemantle v. United States Hoffman Machinery Corp.Appellate Division of the Supreme Court of the State of New York · 1956
- Railroad Waterproofing Corp. v. Memphis Supply, Inc.New York Court of Appeals · 1952