Eastman v. Britton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Willis H." Britton, from a judgment of the Supreme Coiu’t in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 17th day of June, 1915, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of March, 1916, denying defendant’s motion for a new trial made upon the minutes.
1Per curiam
Plaintiff has recovered a verdict for breach of an alleged parol warranty of the foundation wall of a dwelling house. The dwelling was in process of construction by defendant at the time plaintiff began negotiations with defendant for its purchase. The roof was on and it was ready for the plastering. On January 11, 1911, the parties entered into a written contract for sale of the property by defendant to plaintiff. It appears on its face to be a complete contract covering all the terms of sale, and all defendant was to do was to finish the *477house and to grade the lot, put in sewer and…
2Cases cited3 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Colt v. A. T. Demarest & Co.Appellate Division of the Supreme Court of the State of New York · 1913
3Cited by4 opinions
- Bareham & McFarland, Inc. v. KaneAppellate Division of the Supreme Court of the State of New York · 1930
- Staff v. Lido Dunes, Inc.New York Supreme Court · 1965
- De Roche v. DameAppellate Division of the Supreme Court of the State of New York · 1980
- Bennett v. PiscitelloAppellate Division of the Supreme Court of the State of New York · 1940