New Deal Service Co. v. Reiss

The action is for breach of warranty. The warranty was breached on August 19, 1946. Knowledge of the breach was available to plaintiff at any time, if only it checked with the office of the administrative agency. Sometime before November 21, 1946, plaintiff learned of the breach. We note that plaintiff does not state when it first learned of the breach, except that it was prior to November 21, 1946. The action was begun on October 15, 1952. Hence, more than six years had elapsed since the breach of the warranty. It is immaterial that plaintiff did not ascertain with certainty the quantum of…