Bascom v. Danville Stove & Manufacturing Co.
Supreme Court of Pennsylvania
Appeal, No. 552, Jan. T., 1896, by-defendant, from judgment of C. P. Montour Co., on verdict for plaintiff. Assumpsit for goods sold and delivered. At the trial it appeared that the suit was to recover the price of certain wood and iron patterns alleged to have been manufactured for and delivered to the defendant company upon its order.
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Appeal, No. 552, Jan. T., 1896, by-defendant, from judgment of C. P. Montour Co., on verdict for plaintiff. Assumpsit for goods sold and delivered. At the trial it appeared that the suit was to recover the price of certain wood and iron patterns alleged to have been manufactured for and delivered to the defendant company upon its order. The defendant claimed, that the patterns arrived in a broken condition, were unskilfully made, were not in accordance with the specifications and could not be used. J. Foster, a witness for defendant, after having testified at length, was asked this question…
1Opinion of the Court
Opinion by
Mr. Justice Green,
We discover nothing wrong in the first assignment of error in this case. There certainly was no express warranty established on the trial, but the learned court below charged that the patterns should be reasonably fit and suitable for the purpose for which they were designed, and added, “ If they were not, and the defendant by reason thereof has sustained damage to an amount equal to, or greater than, the contract price, then you must find for the defendant.” Certainly this is all the defendant could ask. When the court further said that if the jury found that the…
2Cases cited1 opinion
- Arthur v. JamesSupreme Court of Pennsylvania · 1857
3Cited by11 opinions
- Rochester MacHine Corp. v. Mulach Steel Corp.Supreme Court of Pennsylvania · 1982
- Mannella v. PittsburghSupreme Court of Pennsylvania · 1939
- Heyman v. HanauerSupreme Court of Pennsylvania · 1930
- John E. Smith's Sons Co. v. Lattimer Foundry & Machine Co.District Court, M.D. Pennsylvania · 1956
- May Oil Burner Corp. v. MungerCourt of Appeals of Maryland · 1930
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