Leggoe v. Mayer

Citations

• 2 Pa. Super. 529
• 1896 Pa. Super. LEXIS 80

Syllabus

<p>Evidence — Parol evidence to explain subject-matter of contract.</p> <p>Evidence to explain the subject-matter of an agreement is essentially different from that which varies the terms in which the contract is conceived. It is a rule of law that every written instrument is to be interpreted according to the subject-matter and, where the written agreement is expressed in shorl and incomplete terms, parol evidence is admissible to explain that which is per se unintelligible, such explanation not being inconsistent with the written terms.</p> <p>Goniract — Warranty of working quality of machine.</p> <p>A contract that a machine sold “ be guaranteed in first class working order ” necessarily refers not only to the operation of the machine as such but also to its ability to do the work for which it was intended in a proper way. If such machine when finished fails to do its work efficiently for any cause, the vendor in order to be entitled to recover must put it in proper condition for doing the work.</p>