Doylestown Agricultural Co. v. Ewing

Citations

• 25 Del. 421
• 2 Boyce 421
• 79 A. 212
• 1911 Del. LEXIS 57

Syllabus

<p>1. Evidence — Parol Evidence.</p> <p>In general, a written contract may not be varied by oral testimony.</p> <p>2. Sales — Warranties—Implied Warranty of Fitness.</p> <p>Where a machine is sold for a particular use, there is an implied warranty that it is fit for that use.</p> <p>3. Sales — Warranties—Implied Warranty of Fitness — Waiver of Breach.</p> <p>Where the purchaser of a threshing machine objected to it as defective, and the seller sent one out who operated it with the purchaser, an acceptance by the purchaser at that time was a waiver of the breach.</p> <p>4. Sales — Warranties—Implied Warranty of Fitness — Offer of Return of Goods.</p> <p>Where the purchaser of a threshing machine found it was not reasonably adapted to the purpose .for which it was intended, and notified the seller that it would not perform the work, and declined to keep it, informing the seller that he held the machine subject to its order, he was not liable for the price.</p> <p>5. Trial — Province of Jury — Preponderance of Evidence.</p> <p>It is for the jury to determine the preponderance of the evidence in a civil case.</p> <p>6. Evidence — Weight—Conflicting Evidence — Credibility of Witness.</p> <p>Where there is a conflict in the evidence, the jury should reconcile it, if possible; but, if not, it is for them to determine the weight of the evidence, taking into consideration the bias, interest, or prejudice which the witness might have.</p>