Shoe v. Maerky
Superior Court of Pennsylvania
Appeal, No. 66, Oct. T., 1907, by defendant, from judgment of C. P. No. 4, PMla. Co., Sept. T., 1905, No. 671, on verdict for plaintiff in ease of W. W. Shoe v. Emil Maerky. Assumpsit to recover damages for breach of warranty in the sale of a steam engine. Before Audenried, J. The court charged in part as follows: [The only man who has tested that engine, who has come here and given you any statement of the result of his test, is Mr. Schramm.
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Appeal, No. 66, Oct. T., 1907, by defendant, from judgment of C. P. No. 4, PMla. Co., Sept. T., 1905, No. 671, on verdict for plaintiff in ease of W. W. Shoe v. Emil Maerky. Assumpsit to recover damages for breach of warranty in the sale of a steam engine. Before Audenried, J. The court charged in part as follows: [The only man who has tested that engine, who has come here and given you any statement of the result of his test, is Mr. Schramm. What does Schramm say about the result of his testing of the engine? He tells you that the engine developed eight horse power. Nobody else has testified…
1Opinion of the Court
Opinion by
Head, J.,
Had this action been trespass for deceit, the statement would have supported a recovery by the plaintiff because it avers that the representations' as to the quality and power of the engine, on the strength of which it was bought, were not only false in fact, but knowingly and fraudulently so, made for the purpose of deceiving. This scienter is the gist of the action for deceit: Erie City Iron Works v. Barber & Co., 102 Pa. 156. But the action is assumpsit to recover damages by reason of the alleged failure of the engine to measure up to the seller’s representations as to…
2Cases cited5 opinions
- Erie City Iron Works v. Barber & Co.Supreme Court of Pennsylvania · 1883
- Himes v. KiehlSupreme Court of Pennsylvania · 1893
- Joseph v. RichardsonSuperior Court of Pennsylvania · 1896
- Vanleer v. EarleSupreme Court of Pennsylvania · 1856
- Dutton v. Pyle & BrownSuperior Court of Pennsylvania · 1898
3Cited by4 opinions
- Otis Elevator Co. v. Flanders Realty Co.Supreme Court of Pennsylvania · 1914
- Reynolds v. RamseySuperior Court of Pennsylvania · 1914
- Samuel v. Delaware River Steel Co.Superior Court of Pennsylvania · 1918
- March v. EvansSuperior Court of Pennsylvania · 1929