Borrekins v. Bevan & Porter
Supreme Court of Pennsylvania
IN ERROR. This was a writ of error to the District Court for the city and county of Philadelphia in a suit brought by the plaintiff in error, Henry P. Borrekins against the defendants in error, Maihew L. Bevan and William Porter, trading under the firm of Bevan and Porter, to recover damages on an implied warranty in the sale of an article as. blue On the trial of the cause before Judge Hallowell in the court below, on the 11st of October, 1826, it appeared in evidence, that…
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IN ERROR. This was a writ of error to the District Court for the city and county of Philadelphia in a suit brought by the plaintiff in error, Henry P. Borrekins against the defendants in error, Maihew L. Bevan and William Porter, trading under the firm of Bevan and Porter, to recover damages on an implied warranty in the sale of an article as. blue On the trial of the cause before Judge Hallowell in the court below, on the 11st of October, 1826, it appeared in evidence, that the defendants, on or about the 1st May, 1820, sold to the plaintiff four casks of paints, and rendered to him a bill…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
After the testimony, which is particularly set forth, in the bill of exceptions, was closed, the court charged, the Jury, that the plaintiff could not recover, unless an express warranty, or fraud was proved: That a description in a bill of parcels of the article sold, as blue paint, does not amount to a warranty, that it is so ; and that in order to support his action, it is incumbent on the plaintiff to shew, that before bringing suit, he tendered or redelivered the article to the defendants. If the court were correct in any one of these…
2Cases cited9 opinions
- Barry v. FoylesSupreme Court of the United States · 1828
- Sands & Crump v. Taylor & LovettNew York Supreme Court · 1810
- Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
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- Chapman v. MurchNew York Supreme Court · 1822
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