56 N.Y.S. 234 | N.Y. Sup. Ct. | 1899
I think on reflection that the damages for injury to person and property are recoverable in this action, and not confined to an action of tort. Many cases may be cited where like damage was recovered, but in actions of tort, viz., on an allegation and proof of deceit or fraud in making the warranty. But to say that such damage may be recovered in an action for deceit does not hold it not recoverable if there be no deceit, but only a breach of the contract of warranty. The damages recoverable in the latter case are
The motion is derned.