Way v. Martin
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF EBOM THE COURT OF COMMON PLEAS OF CHESTER COUNTY. No. 58 July Term 1890, Sup. Ct.; court below, No. 63 August Term 1889, C. P. On July 9, 1889, Lydia A. Way brought trespass against E. G. Martin, to recover damages for the breach of a warranty by the defendant on the sale of a horse to the plaintiff.
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APPEAL BY PLAINTIFF EBOM THE COURT OF COMMON PLEAS OF CHESTER COUNTY. No. 58 July Term 1890, Sup. Ct.; court below, No. 63 August Term 1889, C. P. On July 9, 1889, Lydia A. Way brought trespass against E. G. Martin, to recover damages for the breach of a warranty by the defendant on the sale of a horse to the plaintiff. The plea was, not guilty. * At the trial on February 27, 1890, the plaintiff introduced testimony to the effect that two or three times between April, 25 and May 2, 1889, the defendant called upon the plaintiff, to sell her the horse in controversy, offering to warrant him to…
1Opinion of the Court
Opinion,
Mr. Justice Green:
The two assignments of error raise but one question, to wit, whether the learned court below was in error in confining the testimony as to the alleged warranty to the very day of the sale. There is no serious difference in the testimony as to the fact of a guaranty by the defendant. Several of the witnesses say he used the word “ guarantee,” and the plaintiff testified that she bought the horse on the defendant’s guaranty. But the negotiations which resulted in the sale on May 2d, commenced a few days before, when the defendant called upon the plaintiff for the…
2Cited by1 opinion
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