Floyd v. Hotchkiss

Citations

• 5 Pa. Super. 216
• 1897 Pa. Super. LEXIS 219

Syllabus

<p>Contract — Breach of warranty — Question for jury.</p> <p>A written warranty was given plaintiff by defendant of which there was a breach whenever certain stock, purchased by the plaintiff on the strength of such warranty, fell below its par value in the market. Held, that an. action was maintainable whenever the defendant after notice and demand failed to make good the said warranty.</p> <p>The question of value involved is not one of real or ultimate, but of present, available money value and being in dispute is necessarily for the jury.</p> <p>Appeals — Defective assignment — Failure to allow exception below.</p> <p>An assignment not in accordance with the rules and on a point where no exception was allowed, although one was asked for, will not be considered.</p> <p>Evidence — Hearsay declarations.</p> <p>AYliere the question is as to the present money value of certain stock mere declarations by the president of the company as to such value are inadmissible. Such declarations are but mere hearsay, and as such inadmissible.</p>