Elliott-Lewis Corp. v. York-Shipley, Inc.

Opinion by

Mr. Justice Bell,

This is an action in assumpsit for damages for breach of an express warranty. The trial Judge who heard the case without a jury, found a verdict for the plaintiff in the sum of $3096.85. All of the defendant’s exceptions were dismissed by the Court en banc, and judgment Was entered on the verdict. From this order and judgment the defendant appeals.

The basic question is whether defendant’s printed catalogue setting forth the capacity of its boiler was an express warranty and if so, whether such warranty was clearly excluded under the franchise agreement previously…