CBS, Inc. v. Ziff-Davis Publishing Co.

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CBS, Inc. v. Ziff-Davis Publishing Co.
Court Court of Appeals of New York
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.


Whether a buyer’s manifested lack of belief in statements made by a seller relieves the seller of its obligation under an express warranty.


Judgment for the plaintiff.


Because the seller re-promised the warranty, it negated the doubt of facts that the buyer had.


The plaintiff still should have had the doubt after the re-promise.