Houston v. Cook

Citations

• 153 Pa. 43
• 25 A. 622
• 1893 Pa. LEXIS 1048

Syllabus

<p>Sale — Warranty—Misrepresentations—Quality.</p> <p>A vendor of goods is not answerable for their quality unless he has expressly warranted them, or has been guilty of fraudulent representations or affirmation of a quality known to be false.</p> <p>In an action on a promissory note given in payment for a raft of lumber, where the defendant claims that the plaintiff made misrepresentations as to quality, it is not improper to charge that “ the representations must have been false and fraudulent; and if the plaintiff knew that his timber was rotten, he was guilty of a fraudulent misrepresentation. But if the plaintiff in getting it out of the woods found it reasonably sound to appearance and did not know, had no means of knowing it was unsound, then his representation that it was sound would amount to nothing.”</p>