Legal Opinion
Bennett v. Piscitello
Appellate Division of the Supreme Court of the State of New York
Decided May 8, 1940PublishedCited by 4 opinions
1Opinion of the Court
Judgments of Monroe County Court and Rochester City Court [Civil Branch] reversed on the law, with costs, and judgment directed in favor of the plaintiff for the sum of $320, with interest from October 2, 1937, with costs. Memorandum: The contract was in writing and it contained ah the elements of a binding agreement. The contract has not been attacked either for fraud or insufficiency. Both parties stood upon the contract, as written, at the trial. The contract contains no language'from which the inference of an express warranty in respect to fuel consumption might be drawn. An express…
2Cases cited6 opinions
- Imperator Realty Co. v. . TullNew York Court of Appeals · 1920
- Bareham & McFarland, Inc. v. KaneAppellate Division of the Supreme Court of the State of New York · 1930
- Knowles v. . TooneNew York Court of Appeals · 1884
- John Turl's Sons, Inc. v. Williams Engineering & Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Eastman v. BrittonAppellate Division of the Supreme Court of the State of New York · 1916
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3Cited by4 opinions
- Zugarek v. WalckAppellate Division of the Supreme Court of the State of New York · 1976
- Basic Adhesives, Inc. v. Robert Matzkin Co.Civil Court of the City of New York · 1979
- Citizens Utilities Co. v. American Locomotive Co.New York Court of Appeals · 1962
- Citizens Utilities Co. v. American Locomotive Co.New York Court of Appeals · 1962