Steigleman v. Jeffries
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Dauphin county. This was an action on a promissory note given by Steigle-' man, the defendant below, to Jeffries, the plaintiff, for the < price of a quantity of burr stones sold by the plaintiff to the, defendant. The defendant pleaded non assumpsit, with leave; to give the special matter in evidence.
Read the full summary
In Error. ERROR to the Common Pleas of Dauphin county. This was an action on a promissory note given by Steigle-' man, the defendant below, to Jeffries, the plaintiff, for the < price of a quantity of burr stones sold by the plaintiff to the, defendant. The defendant pleaded non assumpsit, with leave; to give the special matter in evidence. On the trial he gave i evidence tending to prove a warranty by the plaintiff, that' the stones were of good quality, and that the warranty had: been broken. The president of the Court of Common Pleas gave in charge to the jury, that although there was a…
1Opinion of the Court
Tilghman C. J.
By the law as held in England, it seems to be well settled, that the purchaser who has a warranty which is broken, may either avoid the contract by returning the article purchased, or suffer it to exist and seek redress by action on the warranty. But if he keeps the goods and is Sued for the price agreed on, he cannot defend himself by force of the warranty. Neither can he make use of the warranty by way of set off, because a demand of that kind is not within the English statutes of set off. Our defalcation act is more extensive than the English, and permits tire defendant on…
2Cases cited1 opinion
- Murray v. WilliamsonSupreme Court of Pennsylvania · 1810
3Cited by14 opinions
- Nickle v. BaldwinSupreme Court of Pennsylvania · 1842
- Turnpike Co. v. CommonwealthSupreme Court of Pennsylvania · 1834
- Leech v. BaldwinSupreme Court of Pennsylvania · 1836
- Heck v. ShenerSupreme Court of Pennsylvania · 1818
- Roop v. BrubackerSupreme Court of Pennsylvania · 1829
9 more not listed; retrieve them via the Exa API.