Ball v. Grady

Appellate Division of the Supreme Court of New York

Ball v. Grady

243 A.D. 526

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1934·Published

Opinion

Judgment in action for the breach of an alleged oral warranty reversed on the law and the complaint dismissed, with costs. We are of opinion that, on the facts in this case, all warranties or oral agreements prior to the written contract for the sale and purchase of the real property described in the complaint merged in the written contract and the deed subsequently delivered. (Mitchill v. Lath, 247 N. Y. 377; Adams v. Gillig, 199 id. 314.) Lazansky, P. J., Hagarty, Carswell, Tompkins and Davis, JJ., concur.

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Judgment in action for the breach of an alleged oral warranty reversed on the law and the complaint dismissed, with costs. We are of opinion that, on the facts in this case, all warranties or oral agreements prior to the written contract for the sale and purchase of the real property described in the complaint merged in the written contract and the deed subsequently delivered. (Mitchill v. Lath, 247 N. Y. 377; Adams v. Gillig, 199 id. 314.) Lazansky, P. J., Hagarty, Carswell, Tompkins and Davis, JJ., concur.

Ball v. Grady, 243 A.D. 526 (N.Y. Ct. App. 1934).

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Opinion

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