E. B. Weed & Co. v. Weinberger

Citations

• 12 Pa. Super. 12
• 1899 Pa. Super. LEXIS 197

Syllabus

<p>Sale of goods by a merchant — Implied warranty — Latent defects.</p> <p>It cannot be generally maintained that where the buyer has had an opportunity of examining the article, there is any engagement implied in the contract of sale that the seller warrants against latent defects unknown alike to himself and to the purchaser.</p> <p>Warranty — Measure of damages — Defective affidavit of defense — Practice, O. P.</p> <p>Assuming representations, made by a merchant vendor “ that cloth sold was a first-class ai-ticle,” amount to a warranty, the measure of damages for a breach of warranty is the difference between market value of the goods contracted for and of the goods delivered; and an affidavit of defense is defective which fails to set up with reasonable certainty all the facts which constitute a basis for such assessment.</p>