Gardiner v. D. P. S. Nichols Co.

Citations

• 48 Pa. Super. 510
• 1912 Pa. Super. LEXIS 403

Syllabus

<p>Principal and agent — Auctioneer—Warranty.</p> <p>1. Where the owner of a horse places the animal in an auctioneer’s hands for sale with a warranty that the horse is sound and kind in all harness, and the auctioneer sells the horse with such warranty, but subsequently the purchaser returns the horse on the ground that it is vicious and unmanageable and the auctioneer accepts back the horse and returns the purchase money without his principal’s consent, he will be liable to his principal for the amount thus paid.</p> <p>2. In such a case the auctioneer had no authority to agree for his principal with the purchaser that there had been in fact a breach of the warranty, nor to liquidate and pay for his principal the damages that would result in case there had been such breach. When the purchaser alleging a breach of the warranty offered to return the horse, he should have been referred to the principal.</p> <p>3. Even if the principal was guilty of deceit in authorizing the auctioneer to give the warranty, the auctioneer would not be authorized to accept a rescission, inasmuch as a mere breach of warranty does not give the purchaser the right to rescind.</p>