They sued a computer maker, contending that the technical support was so bad it amounted to fraud and breach of warranty contracts.
12.
The museum says that Knoedler committed fraud, negligent misrepresentation and breach of warranty of title when it sold the work to the Bloedels.
13.
Id ., 11 . ( A third count alleging breach of warranty was dismissed for failure to state a claim under Florida law .)
14.
There are of course differences between the measure of damages for breach of warranty and for injury caused by negligence, to which I shall return.
15.
The suit, which is still pending, claims that Knoedler committed fraud, negligent misrepresentation and breach of warranty of title when it sold the work to the Bloedels.
16.
Filed in New York state Supreme Court in February on behalf of seven dissatisfied customers, the lawsuit accuses the company of deceptive advertising and breach of warranty.
17.
SAM attorney Stuart Dunwoody said the museum will continue its suit against the Knoedler Gallery for " lying about the painting's provenance and breach of warranty ."
18.
Along with counts of racketeering, the coalition's Florida suit against cigarette makers also includes claims of fraud, negligence, breach of warranty, deceptive trade practices and antitrust violations.
19.
I emphasize that it is a claim to rescind only : there is no claim in this action for damages for breach of condition or breach of warranty.
20.
At a very late stage before the county court judge counsel did ask for leave to amend by claiming damages for breach of warranty, but it was not allowed.
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