McAllister v. Morgan

Citations

• 29 Pa. Super. 476
• 1905 Pa. Super. LEXIS 361

Syllabus

<p>Sale — Contract—Warranty.</p> <p>To constitute a warranty requires no particular form of words, the naked averment of a fact is neither a warranty itself, nor evidence of it. In con- ■ nection with other circumstances, it certainly may be taken into consideration; but the jury must be satisfied from the whole that the vendor actually, and not constructively, consented to be bound for the truth of his representation.</p> <p>Sale — Contract—Warranty—Principal and agent — Evidence—Question for jury.</p> <p>In an action to recover the price paid for a horse which had failed to fulfill a warranty, the plaintiff offered evidence which tended to show that he had bought the horse at a sales stable belonging to defendants, that the price was fixed by a person in apparent authority, and its payment was made directly to the defendant firm, who gave their personal receipt on their prepared blank form for the price paid. While they were yet in the midst of the deal, the man in apparent authority to receive and receipt for the purchasS>price, stated, “the horse has got to be as represented, or you can return him.” The horse proved to be unsound and plaintiff subsequently complained to one of the defendants that the horse was unsound, and the' latter said “come out and he will give you another horse.” Defendants offered testimony tending to show that the.person who sold the horse did not represent them; that the transaction was with him as an individual; that the acceptance of the check and giving the receipt were merely formal in their way of doing business; and that the defendant firm did not receive any share of the price paid, or any commission or profit from the sale. Held, that the case was for the jury.</p>