Auerbach v. Pease Oil Co.

133 N.Y.S. 1111 Court N.Y. App. Div. Decision date 1912-01-31 English

Contents

p. 1111

AUERBACH, Appellant, v. PEASE OIL CO., Respondent.

(Supreme Court, Appellate Division, Fourth Department.

January 31, 1912.)

Headnote

Action by Paul E. Auerbach against the Pease Oil Company.

Judgment affirmed, with costs.

dissents, upon the ground that upon the trial the plaintiff waived the fraud alleged, and the case then proceeded as one upon contract, and that there was an implied warranty that the engine sold was a new one.