Kase v. John
Supreme Court of Pennsylvania
ERROR to the common pleas of Columbia county. Samuel John, Esq., against Simon P. Kase. This was an action on the case in assumpsit, and originated before a justice of the peace, and was brought into this court by appeal.
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ERROR to the common pleas of Columbia county. Samuel John, Esq., against Simon P. Kase. This was an action on the case in assumpsit, and originated before a justice of the peace, and was brought into this court by appeal. The plaintiff’s declaration contained three counts: — the first charged the defendant with having promised to make the plaintiff a good threshing machine that would answer the purpose well, if he.would pay him 45 dollars, with an averment that he did pay him the 45 dollars, and the defendant-made the machine unskilfully and it was useless. The second count was that the…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
There is no objection to the charge of the court, on the subject of warranty, except to so much of it as relates to the *109rescission of the contract. In Corrone v. Henderson, 15 Mass. Rep. 319; Hunt v. Sill, 5 East 449, it was held, that a purchaser, who is entitled to rescind a contract, must place the vendor in statu, quo in order to recover the consideration paid. How far the plaintiff was in a condition to do this, may be doubted. But be this as it may, there is ■ another objection to the charge, which cannot be easily answered, which is,…
2Cases cited2 opinions
- Thornton v. WynnSupreme Court of the United States · 1827
- Conner v. HendersonMassachusetts Supreme Judicial Court · 1818
3Cited by12 opinions
- Lyon v. BertramSupreme Court of the United States · 1858
- Getty v. RountreeWisconsin Supreme Court · 1850
- Marsh v. LowIndiana Supreme Court · 1876
- Tilley v. Montelius Piano Co.Colorado Court of Appeals · 1900
- Freyman v. KnechtSupreme Court of Pennsylvania · 1875
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