Citizens Utilities Co. v. American Locomotive Co.

Fuld, J. (dissenting in part).

Concluding as I do that the Statute of Limitations does not bar suit, upon the lapse of six years from the date of the sale, on the ninth cause of action — which relies on a warranty that the generating sets had a life span of 30 years and would continue to operate for that length of time—I would reverse so much of the judgment as dismisses that count.

In the ninth cause of action, the plaintiff alleges that, in connection with its purchase of generating sets from the defendant in 1946, the defendant “ expressly represented ” that those sets ‘ ‘ were capable of…