Griffin v. Metal Product Co.

Citations

• 264 Pa. 254
• 107 A. 713
• 1919 Pa. LEXIS 631

Syllabus

<p>Sales — Trade name — Custom—Warranty—Inspection—Damages —Expenses—Act of May 19,1915, P. L. 548.</p> <p>1. A trade name within the provisions of the Sales Act of May 19, 1915, P. L. 543, is a name given by a manufacturer to the particular product made by him. The generic name of an article manufactured by a number of people is not a trade name within that act.</p> <p>2. If one party is allowed to offer proof of an alleged custom the other must be permitted to produce evidence to the contrary.</p> <p>3. Where goods are sold f. o. b. a distant point without inspection, and the purpose for which they were purchased was made known to the seller, there is ,an implied warranty of quality under the Sales Act, unless the other facts in the case show that no guch warranty was intended.</p> <p>4. In cases of breach of warranty of quality of an article purchased for a known purpose of manufacture, expenses incurred in good faith in endeavoring to use the article for that purpose, are recoverable under the Sales Act if not too remote.</p>