American Manufacturing Co. v. Brady

Citations

• 51 Pa. Super. 619
• 1912 Pa. Super. LEXIS 269

Syllabus

<p>Contract — Sale—Sale of personal property — Warranty.</p> <p>1. Where a specific article, known by name or description to the trade, is ordered and received, there is no implied warranty that it will accomplish the purpose for which the purchaser intended it or do any particular kind of work; but where such a sale is made there is an implied warranty that the article shipped will be identical in kind with that ordered by sample or description.</p> <p>2. In an action for goods sold and delivered, it appeared that the order for the goods was in writing, and called for “ 1600 feet 2§- in. dia. bolt laid American drilling cable.” Subsequently a cable was shipped. The defendants offered evidence which tended to show that they had not received a bolt laid cable, but one known to the trade as a regular or straight laid cable differing in structure and efficiency from the one ordered, and known in the trade as of a different kind. An expert for the plaintiff testified that the term “bolt laid” had no reference to the structure of the cable, but did indicate the quality of the material from which it was to be made. There was evidence that the cable was tested, and that it did not do the work that a bolt laid cable would surely have done. The court admitted evidence to the effect that the cable furnished was practically valueless. Held, that the case was for the jury, and that a verdict and judgment for defendants should be sustained.</p> <p>Appeals — Assignments of error — Evidence.</p> <p>3. An assignment of error to the admission of evidence which sets forth nothing but the naked ruling of the court is improper.</p>