Gardner v. Bitner

Citations

• 57 Pa. Super. 106
• 1914 Pa. Super. LEXIS 158

Syllabus

<p>Appeals — Assignments of error — Refusal to answer points — Nonsuit.</p> <p>1. Assignments of error complaining that the court below neither affirmed nor denied a number of points submitted, cannot be considered where there is nothing on the record to show that any points were submitted at the trial.</p> <p>2. The refusal to enter a compulsory nonsuit is not assignable for error.</p> <p>3. An assignment of error will not be considered which embraces more than one point, refers to more than one bill of exceptions, or raises more than one distinct question.</p> <p>Sale — Misrepresentations—Warranty—Horse—Question for jury.</p> <p>4. In an action of trespass in the nature of deceit to recover damages from the vendor of a horse, the case is for the jury where the plaintiff’s testimony, although contradicted, tends to show that the defendant had guaranteed the horse to be all right in every particular, but as a matter of fact the horse was dangerous and kicked and was known as a kicker before the defendant became her owner, and that the defendant knew of this bad habit of the horse.</p>