Herman v. Brinker
Superior Court of Pennsylvania
Appeal, No. 83, April T., 1901, by plaintiff, from judgment of C. P. Westmoreland Co., May T., 1899, No. 690, on verdict for defendant in case of Samuel Herman v. John Brinker. Appeal from justice of the peace. Before McConnell, J. At the trial it appeared that on January 6, 1899, plaintiff bought a cow from defendant. Plaintiff testified that defendant said at the time of the sale “ The cow is all right.” It turned out that the cow had mange.
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Appeal, No. 83, April T., 1901, by plaintiff, from judgment of C. P. Westmoreland Co., May T., 1899, No. 690, on verdict for defendant in case of Samuel Herman v. John Brinker. Appeal from justice of the peace. Before McConnell, J. At the trial it appeared that on January 6, 1899, plaintiff bought a cow from defendant. Plaintiff testified that defendant said at the time of the sale “ The cow is all right.” It turned out that the cow had mange. Plaintiff presented these points; 1. If you believe the defendant stated at the time of the sale that the cow is all right, and thereupon the plaintiff…
1Opinion of the Court
Per Curiam,
We think the learned court below was right in holding that the plaintiff’s cause of action as alleged in his pleadings was the breach of an express warranty. The really important question therefore arising upon this appeal is whether it was the duty of the court to declare as matter of law that if the • defendant stated at the time of the sale that the cow was all right, this was a warranty of soundness. The general doctrine of the Pennsylvania cases is, that though to constitute a warranty no particular form of words is required, the naked averment of a fact without more is not a…
2Cases cited3 opinions
- Mahaffey v. FergusonSupreme Court of Pennsylvania · 1893
- Holmes v. TysonSupreme Court of Pennsylvania · 1892
- Brinser v. Longenecker & BausmanSupreme Court of Pennsylvania · 1895
3Cited by3 opinions
- Walker v. KirkSuperior Court of Pennsylvania · 1919
- McAllister v. MorganSuperior Court of Pennsylvania · 1905
- Pyott v. BaltzSuperior Court of Pennsylvania · 1909