Oppenheimer v. Title Guarantee & Trust Co.

Upon the argument of this case it was agreed that the only point which remained for consideration was the sufficiency of the third cause of action as pleaded, the parties having stipulated for reversal upon the other grounds recited in the notice of appeal. The allegations with which we are concerned read as follows:

“ Twenty-sixth. The sale of the participation certificates herein-before referred to to plaintiffs was a sale of goods within the Sales Act of the State of New York.

“ Twenty-seventh. The warranties made by defendant to induce the purchase of the said participation certificates…