Legal Opinion

Cole v. Zellan

District of Columbia Court of Appeals

Decided November 6, 1947No. 557PublishedCited by 9 opinions

1Opinion of the Court

Before CAYTON, Chief Judge, and HOOD and CLAGETT, Associate Judges. CAYTON, Chief Judge.

This was a suit for damages for breach of contract. Jacob L. Zellan, who was defendant below, built a home for plaintiffs and sold it to them. Included in the sales contract was a warranty reading: “Provided further that the basement shall be dry and shall remain dry for a period of three years.”

Plaintiffs moved into the house in September 1941 and soon afterwards the basement became wet. They first complained of the condition to defendant in November 1941. In the ensuing eighteen months defendant made…

2Cases cited14 opinions

  1. Union Sugar Co. v. Hollister Estate Co.California Supreme Court · 1935
  2. Ross v. TaborCalifornia Court of Appeal · 1921
  3. Woodward-Wight & Co. v. Engel Land & Lumber Co.Supreme Court of Louisiana · 1909
  4. Crawford v. DuncanCalifornia Court of Appeal · 1923
  5. Louisville Silo & Tank Co. v. ThweattSupreme Court of Arkansas · 1927

9 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Zellan v. ColeCourt of Appeals for the D.C. Circuit · 1950
  2. McCloskey & Co. v. DickinsonDistrict of Columbia Court of Appeals · 1947
  3. Foley Corp. v. DoveDistrict of Columbia Court of Appeals · 1954
  4. White v. Piano Mart, Inc.District of Columbia Court of Appeals · 1955
  5. Guthrie v. GreenfieldDistrict of Columbia Court of Appeals · 1954

4 more not listed; retrieve them via the Exa API.

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