Legal Opinion

Petty v. Fish

City of New York Municipal Court

Decided December 15, 1899Published

Appeal from a judgment, entered upon a verdict rendered by a jury by the direction of the court, and from an order denying the defendant’s motion for a new trial.

1Per curiam

The appellant’s point, that the defendant’s motion to dismiss the second cause of action on the ground that there was no guarantee in the written agreement of March 1, 1893, as to the liabilities of the firm of Howden & Fish should have been granted, is not well taken.

The rule of law is that, in order to constitute a warranty, it • is not necessary that a vendor should use the word “ warranty ” or “ warrant.”

If the language used at the time of the sale upon a fair construction amounts, or is equivalent, to an undertaking on the part of the owner, that the property is what it is represented to…

2Cases cited3 opinions

  1. Fairbank Canning Co. v. . MetzgerNew York Court of Appeals · 1890
  2. Bear v. SnyderNew York Supreme Court · 1834
  3. Jones v. MayerAppellate Terms of the Supreme Court of New York · 1896

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