Fraley v. Bispham
Supreme Court of Pennsylvania
In error from the District Court of Philadelphia. April 25. The plaintiffs in this action declared upon a warranty by the defendants, on the sale of certain tobacco, that it was superior sweet-scented Kentucky leaf tobacco; on a promise to reimburse the defendants' for any loss that might occur on a sale of the tobacco by defendants; and on an account stated. On the trial before Jones, P. J. the plaintiffs gave in evidence the bill of parcels, as follows: “Messrs.
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In error from the District Court of Philadelphia. April 25. The plaintiffs in this action declared upon a warranty by the defendants, on the sale of certain tobacco, that it was superior sweet-scented Kentucky leaf tobacco; on a promise to reimburse the defendants' for any loss that might occur on a sale of the tobacco by defendants; and on an account stated. On the trial before Jones, P. J. the plaintiffs gave in evidence the bill of parcels, as follows: “Messrs. Reeves, Buck & Co. (the plaintiffs) bou’t of Samuel Bispham, 50 hhds. superior sweet-scented Kent’y leaf tobacco.” Then followed…
1Opinion of the CourtCoulter, J.
This cause was closely argued, and with much ability. But, after all, the court are of opinion that no warranty was established which was competent to go to the jury, under either of the counts in the narr. The cause seems to be conclusively governed by the case of Borrekins v. Bevan, 3 R. 23, in which the doctrine of Chandelor v. Lopus, Cro. Jas. 4, is dismissed with disapprobation, and the rule established that, in all sales of goods by bills of parcels, samples, &c., there is an implied warranty, that the article delivered shall correspond in specie with the commodity sold, unless there…
2Cases cited1 opinion
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
3Cited by8 opinions
- Leach & Co. v. PeirsonSupreme Court of the United States · 1927
- Emmons v. McCreerySupreme Court of Pennsylvania · 1932
- Dempsey v. DobsonSupreme Court of Pennsylvania · 1896
- Kann v. BennettSupreme Court of Pennsylvania · 1909
- Louis Werner Saw Mill Co. v. FerreeSupreme Court of Pennsylvania · 1902
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