Legal Opinion

Walker v. Kirk

Superior Court of Pennsylvania

Decided July 17, 1919No. Appeal, No. 8PublishedCited by 4 opinions

Appeal, No. 8, April T., 1919, by defendant, from judgment of C. P. Armstrong Co., June T., 1916, No. 239, on verdict for plaintiff in case of A. G. C. Walker v. J. A. Kirk. Assumpsit for the purchase price of a horse. Before King, P. J. The court directed a verdict in favor of the plaintiff for $146.47 and entered judgment thereon. Defendant appealed. Errors assigned were in giving binding instructions for the plaintiff and refusal of a new trial.

1Opinion of the Court

Opinion by

Keller, J.,

The plaintiff, a farmer, sold his personal property, including certain live stock, at public auction to the highest bidder. The defendant, a liveryman of eighteen years’ experience, attended the sale and was the successful bidder on a five-year-old mare. Before bidding for the mare he had examined her or “looked her over.” The defendant himself made no inquiry of the plaintiff as to the condition of the mare, but testified that the auctioneer just before offering her for sale, said to the plaintiff, “What statement have you to make on this mare?” And the plaintiff said,…

2Cases cited3 opinions

  1. Wilkinson v. StettlerSuperior Court of Pennsylvania · 1911
  2. Herman v. BrinkerSuperior Court of Pennsylvania · 1901
  3. Pyott v. BaltzSuperior Court of Pennsylvania · 1909

3Cited by4 opinions

  1. Sessa v. RiegleDistrict Court, E.D. Pennsylvania · 1977
  2. Forbis v. ReillyDistrict Court, W.D. Pennsylvania · 1988
  3. Henderson v. Plymouth Oil Co.District Court, W.D. Pennsylvania · 1926
  4. Hoak v. Wertz, Pennsylvania Court of Common Pleas, Warren County1974

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