Legal Opinion

Livingston & Co. ex rel. Sellers v. Stevenson

Supreme Court of Pennsylvania

Decided July 12, 1894No. Appeal, No. 415PublishedCited by 1 opinion

Appeal, No. 415, Jan. T., 1894, by plaintiffs, from judgment of C. P. Lancaster Co., Aug. T., 1891, No. 138, on verdict for defendant. Assumpsit on promissory note. Before Brubaker, J. At tbe trial it appeared that the note in question, which was for $90.00, was a renewal of the note originally given for a windmill, sold but not manufactured by plaintiff. Defendant claimed that the windmill did not work satisfactorily.

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Appeal, No. 415, Jan. T., 1894, by plaintiffs, from judgment of C. P. Lancaster Co., Aug. T., 1891, No. 138, on verdict for defendant. Assumpsit on promissory note. Before Brubaker, J. At tbe trial it appeared that the note in question, which was for $90.00, was a renewal of the note originally given for a windmill, sold but not manufactured by plaintiff. Defendant claimed that the windmill did not work satisfactorily. When P. P. Sentman, a justice of the peace and witness for plaintiff, was on the stand, he was asked: “ Did or did not Mr. Stevenson, the defendant in this case, make as a…

1Opinion of the Court

Opinion by

Mb. Justice Mitchell,

The charge in this case was unfortunately inconsistent. The plaintiff’s points were put aside without answer on the ground that “ the questions of guaranty and warranty do not arise here,” and yet the jury were in effect told there was a warranty, by the instruction “ The defendant said it was to be satisfactory. Was it satisfactory? If not, your verdict should be for defendant.”

The case was one which required that the jury should have clearly explained to them the distinction between a warranty and a mere representation. Probably a large majority of sales are…

2Cases cited4 opinions

  1. Mahaffey v. FergusonSupreme Court of Pennsylvania · 1893
  2. Shisler v. BaxterSupreme Court of Pennsylvania · 1885
  3. Warren v. Philadelphia Coal Co.Supreme Court of Pennsylvania · 1877
  4. Ryan v. UlmerSupreme Court of Pennsylvania · 1885

3Cited by1 opinion

  1. The St. S. Angelo TosoCourt of Appeals for the Third Circuit · 1921

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