County Trust Co. v. Pilmer Edsel, Inc.

In an action to recover damages for breach of an express warranty contained in an assignment of a retail installment sales contract of an automobile, defendant appeals from a judgment of the Supreme Court, Westchester County, entered June 1, 1959, in favor of plaintiff, upon a decision of the court, after a nonjury trial. Judgment affirmed, with costs. We do not agree with the reasons stated by the learned Trial Justice, except that we are of the opinion that the false statement as to the buyer’s address was material within the meaning and intent of defendant’s warranty. Ughetta, Kleinfeld,…