Seigworth v. Leffel
Supreme Court of Pennsylvania
Error to the Court of Common.Pleas of Clarion county: No. 27, of October and November Term 1874. This was an action of assumpsit, brought March 7th 1872, by Thomas Leffel, Henry Barnett and Samuel McPherson, partners, &c., against George Seigworth, who survived John G. Seigworth, to recover the price of three “ Leffel’s Improved Turbine Wheels.” The pleas were: “ Non assumpsit and payment with leave, &c.”
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Error to the Court of Common.Pleas of Clarion county: No. 27, of October and November Term 1874. This was an action of assumpsit, brought March 7th 1872, by Thomas Leffel, Henry Barnett and Samuel McPherson, partners, &c., against George Seigworth, who survived John G. Seigworth, to recover the price of three “ Leffel’s Improved Turbine Wheels.” The pleas were: “ Non assumpsit and payment with leave, &c.” The defence was that the wheels had been warranted to do a certain amount of work, and that upon a test they did not come up to the warranty. The defendant had made a payment at the time of…
1Opinion of the CourtJustice Sharswood
This was an action instituted in the court below to recover the contract price of three turbine wheels, known as “Leffel’s Improved Turbine Wheel.” The defence set up was that the plaintiffs had warranted the wheels to do more work than a 24-feet overshot, and a breach of the warranty. Of this some evidence was given. It was also testified by witnesses on the part of the de*480fendants, that they had reserved the right to rescind the contract in case the warranty was broken — in the words of the witnesses, that if they did not perform as warranted, the plaintiffs would take the wheels back and…
2Cases cited1 opinion
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
3Cited by15 opinions
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- Himes v. KiehlSupreme Court of Pennsylvania · 1893
- Burgess v. FelixSupreme Court of Oklahoma · 1914
- Joseph v. RichardsonSuperior Court of Pennsylvania · 1896
- American Home Savings Bank Co. v. Guardian Trust Co.Supreme Court of Pennsylvania · 1904
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