MILCOR STEEL CO. v. GRANTIER


34 Misc.2d 496 (1942)

Milcor Steel Company, Appellant, v. Charles Grantier et al., Individually and as Copartners Doing Business under the Name of Grantier Hardware & Implement Company, Respondents.

County Court, Schoharie County.

July 2, 1942


Attorney(s) appearing for the Case

Joseph Meade for appellant. Henry A. Brand for respondents.


J. ERNEST WHARTON, J.

This is an appeal by the plaintiff from a judgment entered upon the defendant's counterclaim, based upon a breach of implied warranty. The action was brought for a portion of the purchase price of a quantity of metal roofing. There is no question as between the buyer and seller concerning the purpose for which the roofing was to be used. Under section 96 of the Personal Property Law it appears that an implied warranty would exist...

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