Wilkinson v. Stettler
Superior Court of Pennsylvania
Appeal, No. 14, March T., 1911, by plaintiff, from order of C. P. Snyder Co., Oct. T., 1909, No. 56, refusing to take off nonsuit in case of F. J. Wilkinson v. N. B. Stettler. Assumpsit to recover back the purchase money of a horse. Before McClure, P.. J. At the trial the court entered a compulsory nonsuit which it subsequently refused, to.take off.
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Appeal, No. 14, March T., 1911, by plaintiff, from order of C. P. Snyder Co., Oct. T., 1909, No. 56, refusing to take off nonsuit in case of F. J. Wilkinson v. N. B. Stettler. Assumpsit to recover back the purchase money of a horse. Before McClure, P.. J. At the trial the court entered a compulsory nonsuit which it subsequently refused, to.take off. McClure, P. J., filed the following opinion: This is an action to recover damages for breach of a warranty in the sale of a horse. The warranty, as set forth in the statement, was that the horse was “solid, sound, all right and would work any…
1Opinion of the Court
Per Curiam,
We are all of opinion that the words alleged to have been used by the vendor at the time of the sale do not import an express warranty of the truth of the representation; and as no circumstances were shown from which the jury *411could legitimately infer that the vendor intended them to be accepted by the vendee as a warranty, the learned trial judge committed no error in entering a compulsory non-suit and refusing to take it off. This conclusion is so well supported by the opinion filed by him and the Pennsylvania decisions therein cited that further discussion by us would be mere…
2Cited by4 opinions
- Sessa v. RiegleDistrict Court, E.D. Pennsylvania · 1977
- Forbis v. ReillyDistrict Court, W.D. Pennsylvania · 1988
- Walker v. KirkSuperior Court of Pennsylvania · 1919
- Hoak v. Wertz, Pennsylvania Court of Common Pleas, Warren County1974