Hayes v. D. P. S. Nichols Co.
Superior Court of Pennsylvania
Appeal, No. 291, Oct. T., 1915, by plaintiff, from judgment of Municipal Court, Philadelphia Co., Dec. T., 1914, No. 279, for defendant n. o. v. in case of John J. Hayes v. D. P. S. Nichols Company. Assumpsit for breach of a warranty. Before Crane, J. The facts are stated in the opinion of the Superior Court. At the trial the jury returned a verdict for plaintiff. Subsequently the court entered judgment for defendant n. o. v. Error assigned was the judgment of the court.
1Opinion of the Court
Opinion by
Head, J.,
The plaintiff, desirous of purchasing a horse, attended a sale conducted by the defendant at its place of business in the City of Philadelphia.' A certain black horse was brought into the ring for the inspection of prospectivo purchasers and thereupon the defendant publicly announced a warranty that the horse had good wind, good eyes, and would work well single or double, and further *275that if it should turn out the horse did not come up to the requirements of the warranty, the purchaser could return him on or before the following Saturday and his money would be refunded. No…
2Cases cited2 opinions
- Gardiner v. D. P. S. Nichols Co.Superior Court of Pennsylvania · 1912
- Seemuller v. FuchsCourt of Appeals of Maryland · 1885
3Cited by2 opinions
- Dorsey v. MartinDistrict Court, E.D. Pennsylvania · 1945
- United States v. SommervilleDistrict Court, W.D. Pennsylvania · 1962