D. M. Osborne & Co. v. Walley
Superior Court of Pennsylvania
Appeal, No. 115, April T., 1898, by plaintiffs, from judgment of C. P. Armstrong Co., March T., 1897, No. 211, on verdict for defendants. Appeal from justice of the peace. Before Rayburn, P. J. It appears from the' record and evidence that suit was brought by the plaintiffs to recover the price of an Osborne Columbia binder.
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Appeal, No. 115, April T., 1898, by plaintiffs, from judgment of C. P. Armstrong Co., March T., 1897, No. 211, on verdict for defendants. Appeal from justice of the peace. Before Rayburn, P. J. It appears from the' record and evidence that suit was brought by the plaintiffs to recover the price of an Osborne Columbia binder. On the back of the order was printed in blank a recommendation or alleged general warranty, on all machines manufactured by D. M. Osborne & Co. The alleged warranty was without date and was not signed by the agent of the company. There was evidence tending to show that…
1Opinion of the Court
Opinion by
Porter, J.,
The first eight assignments of error go to the admission of parol testimony to vary the terms of what is claimed to be a written contract for the sale of a reaper. This alleged contract was a form prepared by the plaintiffs and entitled an “ Order and Warranty.” It contains first a request to the plaintiffs’ own agent “ to furnish a copy of this order to the purchaser which will avoid any misunderstanding at the time of settlement, or if the machine should prove defective or imperfect the purchaser will be fully protected by the warranty printed on the back.” Then follows…
2Cases cited6 opinions
- Bohan v. Avoca BoroughSupreme Court of Pennsylvania · 1893
- Walker v. FranceSupreme Court of Pennsylvania · 1886
- Bown v. Morange ex rel. HallSupreme Court of Pennsylvania · 1885
- Shughart v. MooreSupreme Court of Pennsylvania · 1875
- Powelton Coal Co. v. McShainSupreme Court of Pennsylvania · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wolverine Glass Co. v. MillerSupreme Court of Pennsylvania · 1924
- Hunter v. VoigtSuperior Court of Pennsylvania · 1898
- Hagen Co. v. GreenwoodSuperior Court of Pennsylvania · 1905