Krauskopf v. Pennypack Yarn Finishing Co.

Citations

• 26 Pa. Super. 506
• 1904 Pa. Super. LEXIS 342

Syllabus

<p>Practice, C. P. — Trial by court — Finding of facts — Warranty—Sale.</p> <p>In an action for goods sold and delivered, tried by the court 'without a jury, a finding by the court on sufficient evidence that the sale was made without any warranty of quality, will not be disturbed by the appellate court, in the absence of manifest error.</p> <p>In such a case where the trial judge states the material facts that appeared in evidence, and adds that there was no warranty made, the finding is a sufficient compliance with the Act of April 22, 1874, P. L. 109.</p> <p>The fact that no notice was given of the findings of fact, as required by the act, cannot be taken advantage of, where it appears that exceptions to the findings were filed by the party aggrieved.</p> <p>Sale — Warranty—Quality—Grade.</p> <p>Where the price of goods is fixed by contract and the quantity and quality are furnished and accepted without complaint, the buyer must pay the price even though the quality be inferior.</p> <p>The naked averment of a fact is neither a warranty of itself nor evidence of it.</p>