Shisler v. Baxter
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1, of Philadelphia county : Of July Term 1884, No. 155. This was an action on the case by Josiah Shisler against John C. Baxter and Frank C. Baxter, trading as Baxter Brothers.
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Error to the Court of Common Pleas No. 1, of Philadelphia county : Of July Term 1884, No. 155. This was an action on the case by Josiah Shisler against John C. Baxter and Frank C. Baxter, trading as Baxter Brothers. The narr. alleged that the plaintiff in June, 1882, was engaged in truck farming, and wanted seed called Wake-field cabbage seed for planting; that he had previously bought of the defendants a part of a certain lot of that seed which had produced cabbages known as Wakefield cabbages; that the plaintiff at the time mentioned went to the defendants to buy more of that seed ; that…
1Opinion of the CourtChief Justice Mercur
In this case there is no evidence of any intended fraud or deceit by the vendor, nor of any express warranty. Mere representations as to the quality of the article sold do not constitute a warranty: Wetherill v. Neilson, 8 Harris, 448; nor in itself is it evidence of a warranty: McFarland v. Newman, 9 Watts, 55. Unless there be fraud or warranty the purchaser takes the risk of the quality: Whitaker v. Eastwick, 25 P. F. S., 229. So in a sale of personal property on inspection, and where the vendee’s means of knowledge are equal to the vendor’s, the law does not presume an engagement by the…
2Cases cited1 opinion
- M'Farland v. NewmanSupreme Court of Pennsylvania · 1839
3Cited by6 opinions
- ELDERKIN Et Ux. v. GasterSupreme Court of Pennsylvania · 1972
- Mahaffey v. FergusonSupreme Court of Pennsylvania · 1893
- Strawbridge v. HawthorneSuperior Court of Pennsylvania · 1911
- Livingston & Co. ex rel. Sellers v. StevensonSupreme Court of Pennsylvania · 1894
- ELDERKIN Et Ux. v. GasterSupreme Court of Pennsylvania · 1972
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