Cochran v. McGeorge

Citations

• 54 Pa. Super. 456
• 1913 Pa. Super. LEXIS 85

Syllabus

<p>Sale — Contract—Warranty—Stallion—‘‘Breeding mares.’’</p> <p>1. In an action on promissory notes given for the purchase price of a stallion sold under a guaranty that the stallion would “get sixty per cent of all breeding mares in foal,” the court will not say as a matter of law that the words “breeding mares” mean only such mares as had been known to produce foals, but will leave it to the jury to determine under the evidence whether the words did not mean such mares as were served by the stallion for the purpose of getting them in foal.</p> <p>Practice, C. P. — Evidence—Rules of court.</p> <p>2. In the absence of a rule of court on the subject, the defendant may offer in evidence any competent matter as a defense, although such matter has not been set forth in his affidavit of defense.</p> <p>Contract — Sale—Return of chattel — Warranty.</p> <p>3. In an action to recover the price of a stallion sold under a warranty with a provision that the stallion should be returned if not according to the warranty, afailure to return the stallion is not a ground for a recovery by the plaintiff who had broken the warranty, where it appears that the plaintiff had notified the defendant that he had removed from the place designated in the contract, that he should not send the stallion there, but should write, when he would receive further instructions, and that defendant had written, but had received no answer.</p>