Rogath v. Siebenmann
United States Court of Appeals for the Second Circuit
129 F.3d 261 (1997)
Siebenmann (defendant) sold a painting to Rogath (plaintiff) for $570,000, warranting in the contract that it was an authentic Francis Bacon self-portrait and that he knew of no challenges to its authenticity, though he claimed he had actually told Rogath before signing about a London gallery's doubts. Rogath later resold the painting, but the buyer returned it after discovering the authenticity challenge, and Rogath sued Siebenmann for breach of warranty. The district court granted Rogath summary judgment, and Siebenmann appealed.
Whether a buyer who signs a contract with full knowledge of facts disclosed by the seller that would constitute breach of warranty can later assert a claim for breach of that warranty.