Miller Lock Co. v. Diehl Manufacturing Co.
Superior Court of Pennsylvania
Appeal, No. 24, Oct. T., 1908, by defendant, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1905, No. 479, on verdict for plaintiff in case of Miller Lock Company v. Diehl Manufacturing Company. Assumpsit on a covenant of warranty contained in a contract for the sale of an electric generator. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 24, Oct. T., 1908, by defendant, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1905, No. 479, on verdict for plaintiff in case of Miller Lock Company v. Diehl Manufacturing Company. Assumpsit on a covenant of warranty contained in a contract for the sale of an electric generator. The facts are stated in the opinion of the Superior Court. The defendant presented the following points: 1. If the jury believe that the defendant company at its own expense kept the machine in reasonable repair for the period of one year from date of shipment, your verdict must be for the…
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff having bought of the defendant and paid for a certain electric generator, under a contract which contained a covenant of warranty, brings this action to recover damages for an alleged breach of such warranty. The covenant of warranty upon which the plaintiff relies was embodied in the specifications attached to and forming a part of the contract of sale, and the particular clause of the covenant in question is in these words: “The Diehl Manufacturing Company specifically guarantees the rating, stability and performance of its apparatus, and will without…
2Cases cited6 opinions
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- M'Farland v. NewmanSupreme Court of Pennsylvania · 1839
- Himes v. KiehlSupreme Court of Pennsylvania · 1893
- Kase v. JohnSupreme Court of Pennsylvania · 1840
- Freyman v. KnechtSupreme Court of Pennsylvania · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Reynolds v. RamseySuperior Court of Pennsylvania · 1914
- Samuel v. Delaware River Steel Co.Superior Court of Pennsylvania · 1918
- Sheritt & Stoer Co. v. Roberts Engineering Co.Superior Court of Pennsylvania · 1919
- Augusto v. RomanoSuperior Court of Pennsylvania · 1910
- Maine Electric Co. v. General Engineering WorksSuperior Court of Pennsylvania · 1928