Legal Opinion
Conlon v. Republic Aviation Corporation
District Court, S.D. New York
Decided March 29, 1960PublishedCited by 13 opinions
1Opinion of the Court
LEVET, District Judge.
The defendant, Republic Aviation Corporation (hereinafter designated as “Republic”), has moved pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. for an order dismissing the second alleged cause of action in the complaint for the failure to state a claim upon which relief can be granted. The question involved is whether this claim, which is predicated upon the breach of an implied warranty of quality and fitness, must be dismissed upon the ground that there was lack of privity between plaintiff and the defendant.
The plaintiff brings this action…
2Cases cited10 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Spence v. Three Rivers Builders & Masonry Supply, Inc.Michigan Supreme Court · 1958
- Poplar v. Bourjois, Inc.New York Court of Appeals · 1948
- Hunter v. Derby Foods, Inc.Court of Appeals for the Second Circuit · 1940
- Middlleton v. United Aircraft CorporationDistrict Court, S.D. New York · 1960
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Goldberg v. Kollsman Instrument Corp.New York Court of Appeals · 1963
- Whitaker v. Harvell-Kilgore Corp.Court of Appeals for the Fifth Circuit · 1969
- Montgomery v. Goodyear Tire & Rubber CompanyDistrict Court, S.D. New York · 1964
- Middlleton v. United Aircraft CorporationDistrict Court, S.D. New York · 1960
- Noel v. United Aircraft Corp.District Court, D. Delaware · 1962
8 more not listed; retrieve them via the Exa API.