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SULLIVAN v. STOUT

Court of Errors and Appeals.
Apr 29, 1938
Important Paras
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1. A lawyer is not an insurer or guarantor of the soundness of his opinions, and since there is no implied warranty from the relation of attorney and client, an express agreement of warranty must be shown by a fair preponderance of competent evidence in order to base an action thereon.

2. It is settled law that a right of action against an attorney for making a false or incorrect report of title accrues (in the absence of fraud) when the result of the examination of the title is reported, and the statute of limitations then begins to run, not when the error is discovered or consequential damage results.

PER CURIAM.

The judgment under review herein should be affirmed, for the reasons expressed in the opinion delivered by Judge Ackerson in the Supreme Court.

For affirmance — THE CHANCELLOR, CHIEF JUSTICE, TRENCHARD, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, WALKER, JJ. 16.

For reversal — None.