Himes v. Kiehl

Citations

• 154 Pa. 190
• 25 A. 632
• 1893 Pa. LEXIS 867

Syllabus

<p>Breach of warranty — Measure of damages — Evidence.</p> <p>The measure of damages in an action for a breach of warranty of a steam engine is the difference between the actual value of the engine as it was at the time of the sale and its value if it had been as warranted. It is error, therefore, to limit the evidence of its value to its value for the purpose for which it was purchased. Its actual value, no matter for what purpose, would indicate approximately its market value, and that sum, contrasted with its value as warranted, would be the true measure of the plaintiff’s damage for the breach of warranty.</p> <p>Terms of warranty — Construction—Offer to return.</p> <p>Where the warranty was that the engine would give sufficient power or if not the warrantors would take it back, the warrantors, defendants, were entitled to notice and an offer to return before suit against them for a breach of the warranty.</p> <p>Res adjudicata — What constitutes.</p> <p>The fact that the defects in the engine now set up had been set up on a rule to open judgment entered on a promissory note given for the engine, which rule was discharged, would not estop plaintiffs from now setting up the same defects, if it appeared that plaintiffs had abandoned the rule and paid the claim, under the compulsion of an execution, to prevent a sacrifice of their goods. But if the rule had been abandoned without such excuse, the mere fact that no depositions were taken or argument made would not prevent the discharge of the rule being an effectual estoppel on the doctrine of res adjudicata.</p> <p>Statement sent out to jury — Practice, C. P.‘</p> <p>It is error to allow plaintiffs to send out with the jury a calculation of their damages, based on the value of the engine as warranted and upon its market value; these values were disputed questions to be determined only by the jury, no one having a right to say in advance that they were definite fixed sums.</p> <p>Measure of damages — Failure of cour