Legal Opinion

Callahan v. Gorson

Superior Court of Pennsylvania

Decided December 18, 1916No. Appeal, No. 102PublishedCited by 2 opinions

Appeal, No. 102, Oct. T., 1916, by defendant, from judgment of Municipal Court, Philadelphia Co., Oct. T., 1915, No. 169, on judgment for plaintiff in case of Mary Callahan v. Samuel Gorson, trading as Gorson’s Automobile Exchange. Assumpsit for breach of warranty. The case was tried by Bonniwell, J., without a jury. The facts are stated in the opinion of the Superior Court. Error assigned was in entering judgment for plaintiff for $195.

1Opinion of the Court

Opinion by

Henderson, J.,

The plaintiff’s action arises out of a contract with the defendant for the purchase of an automobile. Her allegation was that the defendant agreed to sell her a Paige touring car of the 1911 model which had been used less than a year;. that the car was represented to be in good condition, and was “guaranteed for a year”; that the price was $875, $325 of which was paid in cash at the time of purchase and $225 by way of exchange of a Packard car owned by the plaintiff and delivered to the defendant, the balance to be paid in weekly installments. The plaintiff took the…

2Cases cited1 opinion

  1. Groetzinger's Sons v. W. L. Kann & Co.Supreme Court of Pennsylvania · 1895

3Cited by2 opinions

  1. Commercial Acceptance Corp. v. Uber, Pennsylvania Court of Common Pleas, Philadelphia County1928
  2. McLaughlin v. Victor Motor Supply Co.Superior Court of Pennsylvania · 1919

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