Holmes v. Tyson

Citations

• 147 Pa. 305
• 23 A. 564
• 1892 Pa. LEXIS 836

Syllabus

<p>Contract — Sale—Warranty.</p> <p>The naked averment of a fact is neither a warranty of itself, nor evidence of it.</p> <p>At the time the sale of a horse was closed plaintiff said to defendant “I have nothing to show that you warrant this horse as you represent Mm,” to which defendant replied: “ The horse is just the same as when you drove him on Monday.” Meld, that these words did not constitute a warranty and that the case' was properly withdrawn from the jury.</p>