COLONIE MOHAWK CORP. v. GILBERT & BARKER MFG. CO.


15 A.D.2d 841 (1962)

Colonie Mohawk Corp., Appellant, v. Gilbert & Barker Manufacturing Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 20, 1962


The action sounds in contract for breach of warranty. The complaint alleges the purchase by plaintiff from defendant of a heating unit to be installed in a gasoline service station which it was erecting for lease to Esso Standard Oil Company, a purpose known to defendant, and the warranty of defendant against defects in materials, design and workmanship of the unit. Its delivery directly to plaintiff's premises, payment of the purchase price and its malfunction because of...

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