Weiss v. Swift & Co.
Superior Court of Pennsylvania
Appeal, No. 107, Oct. T., 1907, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1906, No. 1,541, on verdict for plaintiff in case of Jacob D. Weiss v. Swift & Company. Assumpsit to recover damages for breach of an implied warranty in the sale of eggs. Before Carr, J. Carr, J., charged in part as follows: The question is whether there was a sale by sample or by inspection.
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Appeal, No. 107, Oct. T., 1907, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1906, No. 1,541, on verdict for plaintiff in case of Jacob D. Weiss v. Swift & Company. Assumpsit to recover damages for breach of an implied warranty in the sale of eggs. Before Carr, J. Carr, J., charged in part as follows: The question is whether there was a sale by sample or by inspection. The plaintiff claims there was a sale by name or description and also by sample, as well as an express agreement on the part of the defendant that they would not deliver musty eggs, or cases of musty eggs.…
1Opinion of the Court
Opinion by
Rice, P. J.,
The first section of the Act of May 4,1889, P. L. 87, entitled “An act relating to sales of provisions by description,” reads as follows: “In every sale of green, salted, pickled or smoked meats, lard and other articles of merchandise, used wholly or in part for food, said goods or merchandise shall correspond in kind and quality with the description given, either orally or in writing, by the vendor; and in every sale of such goods or. merchandise, unless the parties shall agree otherwise, there shall be an implied contract or undertaking that the goods or merchandise…
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