Conestoga Cigar Co. v. Finke

Citations

• 144 Pa. 159
• 22 A. 868
• 1891 Pa. LEXIS 593

Syllabus

<p>(а) Plaintiff bought cases of tobacco from a dealer, on samples, each sample having an inscription of the following form: “ Stripped and sample warranted: No. 408. Feb. 5th, 1887 . 484 lbs. and 84 off. Notresponsible for any change or damage occurring after inspection. Charles Finke & Co., Inspectors, 149 Water St., N. Y.”</p> <p>(б) Some of the tobacco was found to be damaged, when examined. The plaintiff notified the vendors, who notified the inspectors; and subsequently the latter, by their agents, examined the tobacco, directed the plaintiff to ascertain and separate the damaged portion, and promised that they would pay the plaintiff for it:</p> <p>1. On the trial of an action against the inspectors to recover for the tobacco damaged, the words and figures of the inscription being of themselves unintelligible without explanation it was proper to admit parol evidence as to their meaning as understood and acted upon by those engaged in the tobacco trade.</p> <p>(c) That evidence was to the effect that, in the general usage of that trade, the inscription was held to be a warranty on the part of the inspectors, engaged in the business of inspecting tobacco for dealers in consideration of the fees paid, that the tobacco was sound; such warranty running in favor of any future purchaser thereof:</p> <p>2. Whether such usage of the trade to hold the inspectors responsible on their warranty, was of such long continuance as to have become obligatory as a trade custom, or not, the acts of the defendants in this case gave a construction of the inscription in accordance with the usage, and authorized a recovery against them.</p>