Consolidated Fruit Jar Co. v. Leonard

Citations

• 50 Pa. Super. 113
• 1912 Pa. Super. LEXIS 15

Syllabus

<p>Contract — Sale—Warranty—Implied warranty.</p> <p>In an action to recover the price of a large number of brass rings which the plaintiff manufactured for the defendant from a model furnished by the latter, and from material of. a particular kind which he designated, a finding of a referee for the plaintiff will be sustained where it appears that the defendant retained and used 180,000 rings out of the 200,000 delivered, that the referee allowed for 12,000 defective rings, that the plaintiff did not hold himself out as a manufacturer of rings for the use to which the defendant applied them, and that the kind of the material used was that which the defendant designated. Such a case lacks every feature of an implied warranty.</p>