McCormick Harvesting Machine Co. v. Nicholson

Citations

• 17 Pa. Super. 188
• 1901 Pa. Super. LEXIS 277

Syllabus

<p>Evidence — Parol evidence — Written instrument.</p> <p>Parol evidence is admissible to alter, vary or contradict a written instrument where such evidence establishes au oral agreement contemporaneous with the execution of the written, and on the faith of which the instrument was executed.</p> <p>Sale — Warranty—Implied warranty.</p> <p>In purchases for a particular use made known to the seller, if the buyer relies on the vendor’s judgment to select, and not on his own, there is an implied warranty that the article furnished is reasonably fit and suitable for that purpose. '</p> <p>Sale — Inferior quality of rope.</p> <p>In an action to recover the price of rope which had been purchased for a designated purpose known to the seller, where the evidence showed that one break was sufficient to determine the inferior quality of the rope, it is misleading for the court to charge that “ one break would not under the circumstances be sufficient to justify the defendant in throwing the rope aside.”</p> <p>If a seller of rope warrants its quality, and the rope is not as guaranteed, the seller will be liable for any loss sustained by the purchaser as the natural and proximate result of furnishing inferior rope, unless the seller in some way contributes to the loss by using the rope after it was discovered to be of an inferior quality and unfit for the purpose for which it had been sold.</p>