Warren v. Philadelphia Coal Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia eounty : Of July Term 1875, Ño. 58. Assumpsit by the Philadelphia Coal Company against a firm, trading as E. C. & P. H. Warren, on a book account to recover the price of a cargo of coal. At the trial, it appeared that Spofford & Clark, the agents of the Coal Company, sold the coal to defendants and it was delivered at the wharf of the latter and partly placed upon some other coal lying thereon.
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Error to the Court of Common Pleas, No. 3, of Philadelphia eounty : Of July Term 1875, Ño. 58. Assumpsit by the Philadelphia Coal Company against a firm, trading as E. C. & P. H. Warren, on a book account to recover the price of a cargo of coal. At the trial, it appeared that Spofford & Clark, the agents of the Coal Company, sold the coal to defendants and it was delivered at the wharf of the latter and partly placed upon some other coal lying thereon. The defence, chiefly, was that the coal delivered was not such as plaintiffs’ agents had agreed to furnish and that it was useless for the…
1Opinion of the CourtJustice Woodward
No rule is more firmly imbedded in our jurisprudence than that which governs the rights of vendors and purchasers in an ordinary contract of sale of personal property. In such a contract the vendor is subject to no implication of a warranty of the quality of tile article sold. The doctrine of the common law, as it was settled in Chandelor v. Lopus, Cro. Jac. 4, has been constantly and uniformly applied. In the language of Mr. Justice Duncan in Jackson v. Wetherill, 7 S. & R. 480, “ with regard to the goodness of wares purchased, the vendor is not bound to answer unless he expressly warrant…
2Cases cited1 opinion
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
3Cited by5 opinions
- Hexter v. BastSupreme Court of Pennsylvania · 1889
- Joseph v. RichardsonSuperior Court of Pennsylvania · 1896
- Armstrong v. DescalziSuperior Court of Pennsylvania · 1911
- Samuel v. Delaware River Steel Co.Superior Court of Pennsylvania · 1918
- Livingston & Co. ex rel. Sellers v. StevensonSupreme Court of Pennsylvania · 1894