Murray Oil Products Company, Inc. v. Poons Co., Inc.

Full title: MURRAY OIL PRODUCTS COMPANY, INC., Respondent, v. POONS COMPANY, INC.…

Court: Supreme Court, Appellate Term, First Department

Date published: May 13, 1948

191 Misc. 1005 (N.Y. App. Term 1948)

80 N.Y.S.2d 28

Opinion

May 13, 1948.

Appeal from the City Court of the City of New York, County of New York, McCULLEN, J.

Walter J. Fried and Aaron A. Janis for appellant and third party plaintiff.

Copal Mintz for respondent.

Judgment and order affirmed, with costs.

Concur: HOFSTADTER and HECHT, JJ.;

HAMMER, J., dissents in the following memorandum:

I dissent and vote for reversal. The agent's implied warranty of authority, the source being disclosed by cable, was conditional at the risk of the buyer. The latter having modified the agreement for a valuable consideration cannot hold either the seller or its agent.