Joseph v. Richardson

Citations

• 2 Pa. Super. 208
• 1896 Pa. Super. LEXIS 41

Syllabus

<p>Contract arising from correspondence — Meeting of minds.</p> <p>Where negotiations resulting finally in an order for a delivery of goods have been conducted by telegrams and letters, the point where an obvious meeting of minds has been arrived at must govern the resulting contractual obligations and be referred to in construing the correspondence as culminating in a contract of sale.</p> <p>Contract — Express warranty of quality — No special form requisite. Plaintiff contracted to deliver and defendant promised to pay for rails of a particular grade and quality, known in the market as “first class A No. 1.” The defendant had endeavored to secure to himself by the terms of the contract the thing he wanted, and had so secured himself under the rules of fair dealing which a layman would suppose ought to govern such a transaction. Held, (1) that the delivery of rails of inferior grade and quality is in violation of the contract and a breach of an express warranty to constitute which no special form of words is requisite.</p> <p>Contract— “ Warranty of species\ distinguished from “seller's representation.\</p> <p>All the authorities agree that there is an implied warranty that an article to be delivered shall correspond in specie with the commodity sold, and the words “ first class A No. 1” as applied to rails may be as essentially descriptive of the thing contracted for as the word “ iron ” or “ steel.” Such a case is clearly to be distinguished from the class of cases in which it is held that a warranty is not implied from mere representations of a seller in praise of his wares.</p> <p>Contract — Measure of damages for inferior article retained.</p> <p>Where an article has not been returned the measure of damages ordinarily is the difference between the value of the article delivered and the value of the article agreed to be delivered, but a vendee cannot recover the expenses incident to his adjustment of differences between himself and another to whom he had made a