New York Court of Appeals
Erna Menzel, Plaintiff-Respondent v. Albert A. List, and Third-Party Plaintiff-Respondent. Klaus G. Perls, Doing…
February 26, 196924 N.Y.2d 91
Summary
The New York Court of Appeals reversed the Appellate Division's order, holding that damages for breach of an implied warranty of title in personal property are measured by the fair market value of the item at the time of loss, not the purchase price plus interest, and that interest on the judgment runs from the date the buyer's loss occurred (May 10, 1966). The case was remanded for further proceedings.