Field v. Schuster

Citations

• 26 Pa. Super. 82
• 1904 Pa. Super. LEXIS 268

Syllabus

<p>Contract — Sale—Acceptance—Delivery—Province of court and jury.</p> <p>In an action to recover the purchase price of goods sold and delivered, the case is for the jury where the evidence for the plaintiff tends to show that the property was inspected by defendant’s agent at plaintiff’s premises, that plaintiff was directed to deliver it on cars at the station, and that such delivery was made, while the defendant’s agent testified that he examined the property on the plaintiff’s premises, that some of it was defective, and that he refused to accept it unless it was delivered in the condition specified in the contract.</p> <p>Performance according to the contract will be presumed where acceptance is made after an inspection, or an opportunity for inspection.</p> <p>If a purchaser has an opportunity to examine goods when about to accept them, it is bis duty so to do, and if he omits to exercise his privilege in that respect, he will not afterwards be permitted to object that his acceptance was without examination.'</p> <p>Evidence — Cross-examination—Anticipation of defense.</p> <p>An offer of evidence is properly rejected, the purpose of which is to introduce the defendant’s case in advance by a cross-examination of the plaintiff. The rejection of the offer, however, will not preclude the defendant from introducing testimony upon the subject.</p> <p>Contract — Sale—Evidence—Compromise.</p> <p>In an action to recover the purchase price of. goods where the question in controversy is the delivery and acceptance of the goods, evidence as to overtures of compromise, and an attempt to settle after delivery, is inadmissible.</p> <p>Evidence — Witness—Credibility—Former trial.</p> <p>The testimony of a witness at a former trial of the same case is competent for the purpose of impeaching his testimony at the second trial.</p> <p>Contract — Sale—Measure of damages.</p> <p>Where there is a sale of specific property inspected and accepted by the defendant, as the plaintiff cla