ZELLAN v. COLE

No. 9732.

183 F.2d 139 (1950)

ZELLAN v. COLE et al.

United States Court of Appeals District of Columbia Circuit.

Decided May 15, 1950.


Attorney(s) appearing for the Case

Mr. Harry Friedman, Washington, D. C., for appellant.

Mr. Jacob Gordon, Washington, D. C., also entered an appearance for appellant.

Mr. Byron G. Carson, Washington, D. C., for appellees.

Before STEPHENS, Chief Judge, and PRETTYMAN and PROCTOR, Circuit Judges.


PER CURIAM.

This is an appeal from a judgment of the Municipal Court of Appeals. The question concerns the application of the statute of limitations to a cause of action for breach of a contract. The contract was for the building of a house and contained the provision: "* * * the basement shall be dry and shall remain dry for a period of three years." Such a warranty may be either an affirmation of a condition as of the date of delivery of the property or a promise...

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