F. B. Fogel & Co. v. Brubaker
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE LANCASTER COUNTY. No. 311 January Term 1888, Sup. Ct.; court below, No. 57 October Term 1885, C. P. On October 19, 1885, an appeal was filed by the defendants from the judgment of a justice of the peace in favor of J. S. Brubaker against F. B. and R. J. Fogel, trading as F. B. Fogel & Co., for $195.43. The narr printed in the paper books (whether it was the original filed on August 7, 1886, or an amended narr filed on October 24, 1887,…
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ERROR TO THE COURT OE COMMON PLEAS OE LANCASTER COUNTY. No. 311 January Term 1888, Sup. Ct.; court below, No. 57 October Term 1885, C. P. On October 19, 1885, an appeal was filed by the defendants from the judgment of a justice of the peace in favor of J. S. Brubaker against F. B. and R. J. Fogel, trading as F. B. Fogel & Co., for $195.43. The narr printed in the paper books (whether it was the original filed on August 7, 1886, or an amended narr filed on October 24, 1887, was not indicated), complained: For that whereas the said defendants on the 22d day of August, A. d. 1884, at the county…
1Opinion of the Court
Opinion,
Me. Justice Williams :
Sales of personal property are divisible, with reference to the question presented iii this case, into two classes, executed and executory. In the first of these, the articles are ordinarily sold upon inspection and the sale is completed by a delivery of the property, made at the time of sale. To this class of sales the rule of caveat emptor is properly applicable. If a warranty is desired by the purchaser he must stipulate for it before the sale is completed, otherwise he will be held to have bought upon his own judgment of the quality and value of the thing…
2Cases cited3 opinions
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- Selser v. Roberts & Co.Supreme Court of Pennsylvania · 1884
- Dailey v. GreenSupreme Court of Pennsylvania · 1850
3Cited by30 opinions
- State Ex Rel. Botkin v. WelshSouth Dakota Supreme Court · 1933
- Dow Chemical Co. v. Detroit Chemical WorksMichigan Supreme Court · 1919
- Crunden Martin Mfg. Co. v. TurnerSupreme Court of Pennsylvania · 1922
- John E. Smith's Sons Co. v. Lattimer Foundry & Machine Co.District Court, M.D. Pennsylvania · 1956
- Tete Bros. v. EshlerSuperior Court of Pennsylvania · 1899
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