Warder v. Blair
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford County. Asstompsit by Warder, Bushnell, and Glessner against Hugh Blair, to recover the price of a reaper alleged to have been-sold and delivered by plaintiffs to defendant. On the trial before Church, J., the following facts appeared : The plaintiffs are manufacturers of mowers, reapers, and other agricultural implements, and W. A. T. Andrews is their general agent and salesman for Crawford county.
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Error to the Court of Common Pleas of Crawford County. Asstompsit by Warder, Bushnell, and Glessner against Hugh Blair, to recover the price of a reaper alleged to have been-sold and delivered by plaintiffs to defendant. On the trial before Church, J., the following facts appeared : The plaintiffs are manufacturers of mowers, reapers, and other agricultural implements, and W. A. T. Andrews is their general agent and salesman for Crawford county. In June, 1882, Andrews sold a reaper belonging to the plaintiffs, and of their manufacture, to the defendant. As to the conditions of the-sale, the…
1Opinion of the Court
Per Curiam :
The plaintiffs were not only the vendors, but they were the manufacturers of the machine sold to the defendant. Where a manufacturer of a reaper sells one to a farmer, we think it is sold and bought with the understanding that it will do the kind of work for which it was made. Here, however, there was evidence of an agreement on the part of the’vendor that it would do as good work as another machine named. The jury have found that it was not as good, and did not do good work. The assignments are not sustained.
Judgment affirmed
2Cited by2 opinions
- D. M. Osborne & Co. v. WalleySuperior Court of Pennsylvania · 1898
- Hagen Co. v. GreenwoodSuperior Court of Pennsylvania · 1905