JASLOVE v. MAJESTIC BUICK


11 Misc.2d 891 (1958)

David Jaslove, Respondent, v. Majestic Buick, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

January 30, 1958.


Attorney(s) appearing for the Case

Jack L. Ratzkin for appellant.

Herman Goldberg and George W. Israel for respondent.

HECHT, J. P., AURELIO and TILZER, JJ., concur.


Per Curiam.

In view of plaintiff's allegation that the vehicle which he purchased had not been properly conditioned and serviced before delivery to him, the refusal to permit testimony with respect to defendant's regular procedure in the purchase, inspection and resale of used cars was error.

Under the circumstances of this case the court also erred in refusing to charge the proper measure of damages in an action for breach of warranty, as requested...

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