Legal Opinion

State Storm Window Co. v. Herder

Appellate Division of the Supreme Court of the State of New York

Decided March 19, 1952PublishedCited by 1 opinion

1Opinion of the Court

Memorandum: In our opinion the contract is so indefinite as to be unenforeible. All concur, except Piper, J., who dissents in part and votes for reversal of the order insofar as it grants the defendants’ motion, in the following memorandum : There is an implied warranty that the windows, screens, and vents to be constructed under the terms of the contract were to be constructed in good and workmanlike manner and suitable for the purpose for which they were constructed. The answer raises the question of fact as to whether or not they were so constructed. (Bowser & Co. v. McCormack, 230 App.…

2Cases cited2 opinions

  1. Matter of Casualty Co. (Bliss Co. Claim)New York Court of Appeals · 1929
  2. S. F. Bowser & Co. v. McCormackAppellate Division of the Supreme Court of the State of New York · 1930

3Cited by1 opinion

  1. Oberfest v. 300 West End Ave. Associates Corp.New York Supreme Court · 1962

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