Colt v. A. T. Demarest & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, A. T. Demurest & Company, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 17th day of June, 1913, affirming a judgment of the City Court of the City of New York in plaintiff’s favor and an order denying defendant’s motion for a new trial, and also from the judgment and order of the City Court of the City of New York, entered pursuant to said order and…
Read the full summary
Appeal by the defendant, A. T. Demurest & Company, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 17th day of June, 1913, affirming a judgment of the City Court of the City of New York in plaintiff’s favor and an order denying defendant’s motion for a new trial, and also from the judgment and order of the City Court of the City of New York, entered pursuant to said order and determination of the Appellate Term.
1Opinion of the Court
Dowling, J.:
Plaintiff sues to recover the sum of $2,500 damages for breach of an alleged oral warranty upon the sale of an automobile. From a determination of the Appellate Term affirming a judgment of the City Court upon the verdict of a jury in the sum of $1,250 the present appeal is taken.
*395The contract for the purchase of the automobile in question is in writing, and is as follows:
“A. T. Demarest & Co.
“ Broadway and 57th Street.
“ Carriage and Automobile Body Builders.
“Special Attention to Repairs.
“Mrs. Colt Order Ho.
“ Hotel Plaza Style Itala Touring Car
“Hew York City. Date January 19th,…
2Cases cited5 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Filkins v. . WhylandNew York Court of Appeals · 1862
- Studwell v. . Bush CompanyNew York Court of Appeals · 1912
- Standard Milling Co. v. de PassAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by1 opinion
- Eastman v. BrittonAppellate Division of the Supreme Court of the State of New York · 1916