Byrne v. Elfreth
Superior Court of Pennsylvania
Appeal, No. 160, Oct. T., 1909, by defendants, from judgment of C. P. No. 5,'Phila. Co., June T., 1905, No. 2,553, on verdict for plaintiff in case of John J. Byrne v. Jacob R. Elfreth and Churchill Hungerford, trading as The Philadelphia Water Purification Company. Assumpsit for breach of warranty for sale of a water filter. On December 17, 1903, plaintiff and defendants had a conversation over the telephone relating to the purchase of a filter.
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Appeal, No. 160, Oct. T., 1909, by defendants, from judgment of C. P. No. 5,'Phila. Co., June T., 1905, No. 2,553, on verdict for plaintiff in case of John J. Byrne v. Jacob R. Elfreth and Churchill Hungerford, trading as The Philadelphia Water Purification Company. Assumpsit for breach of warranty for sale of a water filter. On December 17, 1903, plaintiff and defendants had a conversation over the telephone relating to the purchase of a filter. On December 22, plaintiff ordered a twenty-four-inch filter. This order was as follows: “Please deliver one of your 24" pressure water filters to…
1Opinion of the Court
Opinion by
Head, J.,
The argument of the learned counsel for appellants, in support of the first assignment of error, rests on these propositions: that the agreement of the parties concerning the sale and purchase of the filter was in writing; that there was neither averment nor proof that any material part of that agreement had been omitted from the writing by fraud, accident or mistake; that in such cases the law conclusively presumes that all earlier representations, proposals, etc., are merged in the writing; that the latter contained no warranty by the seller and therefore it was error to…
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