Baltimore Brick Co. v. Coyle
Superior Court of Pennsylvania
Appeal, No. 175, April T., 1901, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1900, No. 431, on verdict for plaintiff in case of Baltimore Brick Company v. Reed B. Coyle. Assumpsit for breach of contract of sale. Before Collier, J. At the trial it appeared that the defendant had accepted and retained for several months two carloads of bricks aggregating 18,000 in number.
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Appeal, No. 175, April T., 1901, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1900, No. 431, on verdict for plaintiff in case of Baltimore Brick Company v. Reed B. Coyle. Assumpsit for breach of contract of sale. Before Collier, J. At the trial it appeared that the defendant had accepted and retained for several months two carloads of bricks aggregating 18,000 in number. He refused to accept the third carload of 5,000 bricks, on the ground that the color of the bricks in the three carloads did not conform to the sample brick. The total number of bricks ordered was…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The contract out of which this litigation arose was a sale of building bricks by sample. The Act of April 18, 1887, P. L. 21, requires us to read into such a contract “ an implied warranty on the part of the seller that the goods, chattels and property sold and tp be delivered are the same in quality as the sample shown.” The plaintiff company through an agent entered into a contract for the sale and delivery of 23,000 bricks at 130.00 per thousand, free on board cars at East Liberty. The bricks were shipped from Baltimore in three consignments. The first car…
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