HAMILTON PRINTING CO., INC. v. ERNEST PAYNE CORP.


26 A.D.2d 876 (1966)

Hamilton Printing Co., Inc., Respondent, v. Ernest Payne Corporation, Appellant, et al., Defendant

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

October 21, 1966


REYNOLDS, J.

Respondent seeks to recover from appellant and/or the Wolff Book Mfg. Co., Inc., for breach of warranty in connection with certain machinery it purchased. While the complaint taken alone indicates that appellant acted solely as an agent for a disclosed principal, Wolff Book Mfg. Co., and thus that there would ordinarily be no cause of action against it, Special Term found that Wolff Book's answer and appellant's own answer raise questions...

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