Bixler v. Saylor
Supreme Court of Pennsylvania
March 9th 1871. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Solmyllcill county: Of January Term 1871: No. 84. This was an action of replevin brought September 5th 1865, by William Saylor against Peter Bixler for a horse, saddle and bridle.
Read the full summary
March 9th 1871. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Solmyllcill county: Of January Term 1871: No. 84. This was an action of replevin brought September 5th 1865, by William Saylor against Peter Bixler for a horse, saddle and bridle. One Drumheller stole a horse from a Mr. Bressler, which he ■afterwards “ traded” to the plaintiff for another horse; the defendant afterwards bought from Drumheller the horse which Drumheller had received from the plaintiff in the-exchange. There was evidence that when the…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
An exchange of real estate has a warranty in law incident to it; a condition to give the party a re-entry as well as a warranty to enable him to vouch and recover over in value. To make an assurance of that character, it is indispensable that the word excambium, exchange, should be employed: Dean v. Shelly, 7 P. F. Smith 427. An exchange of chattels has no such legal effect. It is a mutual bargain and sale, to which there is incident an implied warranty of title, with the right, in case of breach, to recover in damages.
When, however, one…
2Cited by2 opinions
- Walton v. Bryn Mawr Hotel Co.Supreme Court of Pennsylvania · 1894
- Rowe v. Thompson, Pennsylvania Court of Common Pleas, Greene County1924