CBS v. Ziff-Davis Publishing
CBS v. Ziff-Davis Publishing | |
Court | Court of Appeals of New York |
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Citation | 75 N.Y.2d 496 554 N.Y.S.2d 449 553 N.E.2d 997 (1990) |
Date decided | 1990 |
Relevant Facts
Plaintiff bought a business from the defendant based on financial information released to him from the defendant. He had doubts to the validity of the information, and conducted his own research to find that the information was questionable. After presenting the conflicts to the defendant, the defendant assured him that his information was correct. So the plaintiff went ahead with the transaction.
Issues
Whether a buyer’s manifested lack of belief in statements made by a seller relieves the seller of its obligation under an express warranty.
Holding/Decision
Judgment for the plaintiff.
Reasoning
Because the seller re-promised the warranty, it negated the doubt of facts that the buyer had.
Dissent
The plaintiff still should have had the doubt after the re-promise.