Hueston v. Heyburn
Superior Court of Pennsylvania
Appeal, No. 196, Oct. T., 1912, by plaintiff, from judgment of C. P. Del. Co., Dec. T., 1911, No. 6, for defendant n. o. v. in case of John Hueston v. John E. Heyburn, Jr. Assumpsit for breach of an alleged warranty. Before Johnson, P. J. At the trial the jury returned a verdict for plaintiff for $62.50. Subsequently the court entered judgment for defendant non obstante veredicto. Plaintiff appealed.
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Appeal, No. 196, Oct. T., 1912, by plaintiff, from judgment of C. P. Del. Co., Dec. T., 1911, No. 6, for defendant n. o. v. in case of John Hueston v. John E. Heyburn, Jr. Assumpsit for breach of an alleged warranty. Before Johnson, P. J. At the trial the jury returned a verdict for plaintiff for $62.50. Subsequently the court entered judgment for defendant non obstante veredicto. Plaintiff appealed. Error assigned was in entering judgment for defendant non obstante veredicto. Any distinct assertion or affirmation as to the quality or character of the thing to be sold, made by the seller…
1Opinion of the Court
Opinion by
Morrison, J.,
This is an action of assumpsit brought to recover damages for the breach of an alleged warranty made at the sale of personal property to appellant, John Heuston, by appellee, John E. Heyburn, Jr. The action is not ex delicto for the recovery of damages for deceit and fraud.
At the trial counsel for appellee asked for a binding instruction in favor of the defendant. This point was refused and the case was submitted to the jury and a verdict rendered in favor of the plaintiff for $65.00. *501Thereupon appellee’s counsel moved the court for judgment in favor of defendant non…
2Cases cited5 opinions
- Coffman v. HamptonSupreme Court of Pennsylvania · 1841
- Croyle v. MosesSupreme Court of Pennsylvania · 1879
- Heastings v. McGeeSupreme Court of Pennsylvania · 1870
- Brown v. ReberSuperior Court of Pennsylvania · 1906
- Flood v. YeagerSuperior Court of Pennsylvania · 1913