New York Court of Appeals

M. Beatrice Donovan, Respondent v. the Aeolian Company, Appellant

March 3, 1936270 N.Y. 267

Summary

The New York Court of Appeals held that the defendant’s conduct created an implied warranty that the piano was new, that the plaintiff gave timely notice of breach but untimely notice of rescission, and therefore limited the remedy to damages rather than rescission, reversing the lower courts and ordering a new trial.