Ellen v. Heacock
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEdgcomb, J.
In 1934, either in January or August — there being a difference of opinion as to the date — the parties to this action entered into a contract whereby the defendant agreed to install a Delco oil burner in the home of the plaintiff. The actual installation was made in the latter part of August, 1934.
Trouble with the burner was encountered at the outset. It gave off gas, smoke and disagreeable odors, which at times invaded the house.
Asserting that the equipment was sold upon an express warranty, and that there had been a breach thereof, plaintiff brought this action to recover the resulting…
2Cases cited8 opinions
- Bareham & McFarland, Inc. v. KaneAppellate Division of the Supreme Court of the State of New York · 1930
- Hooper v. . StoryNew York Court of Appeals · 1898
- Razey v. J. B. Colt Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Crocker-Wheeler Electric Co. v. Johns-Pratt Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Crocker-Wheeler Electric Company v. . Johns-Pratt CompanyNew York Court of Appeals · 1900
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3Cited by16 opinions
- CBS Inc. v. Ziff-Davis Publishing Co.New York Court of Appeals · 1990
- Clearview Concrete Products Corp. v. S. Charles Gherardi, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Ainger v. Michigan General Corp.District Court, S.D. New York · 1979
- Gregg v. U.S. Industries, Inc.Court of Appeals for the Eleventh Circuit · 1989
- Nelson v. AndersonSupreme Court of Minnesota · 1955
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