Philadelphia & Reading Coal & Iron Co. v. Hoffman
Supreme Court of Pennsylvania
Error to the Common Pleas, No. 2, of Philadelphia County to review a judgment for plaintiff in an action for damages for breach of contract. The defendants were the manufacturers of certain material used and employed in the manufacture of merchant bar iron, called muck bars, and the plaintiff, being a dealer in. them, was desirous of procuring a quantity to be sold to a corporation in San Francisco to be used by it.
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Error to the Common Pleas, No. 2, of Philadelphia County to review a judgment for plaintiff in an action for damages for breach of contract. The defendants were the manufacturers of certain material used and employed in the manufacture of merchant bar iron, called muck bars, and the plaintiff, being a dealer in. them, was desirous of procuring a quantity to be sold to a corporation in San Francisco to be used by it. The customer required a certain quality known and called “strictly neutral,” — -that is, baying the quality of bending without breaking or cracking, and of ■producing merchantable…
1Opinion of the Court
Pjer Curiam:
We are clearly of opinion that the contract of sale in this case created a warranty as to the- quality of the iron. In view of the place where the parties understood it was to be used, we see no error in ascertaining the damages there. The purchasers had a right to rely on the contract and to recover damages of the vendor, who was also the manufacturer, for a breach thereof.
Judgment affirmed.
2Cited by3 opinions
- Joseph v. RichardsonSuperior Court of Pennsylvania · 1896
- Jones & Laughlin Steel. Co. v. Wood & Co.Supreme Court of Pennsylvania · 1915
- Groetzinger's Sons v. W. L. Kann & Co.Supreme Court of Pennsylvania · 1895