McLennan v. Ohmen

Citations

• 75 Cal. 558
• 17 P. 687
• 1888 Cal. LEXIS 584

Syllabus

<p>Sale—Express Warranty how Created. — To create an express warranty on a sale of personal property, the word “warrant ” need not be used, nor are any particular words necessary. Any affirmation made at the time of the sale as to the quality or condition of the thing sold will be treated as a warranty if it was so intended and the purchaser bought on the faith of such affirmation, and whether it was so intended and the purchaser acted upon it are questions of fact for the jury.</p> <p>Id.—Breach oe Warranty of Fitness—Measure of Damages.—Under sections 3313 and 3314 of the Civil Code, the measure of damages for the breach of a warranty of the fitness of an article for a particular purpose is the excess, if any, of the value which the property would have had at the time to which the warranty referred, if it had been complied with, over its actual value at that time, together with a fair compensation for the loss incurred by an effort in good faith to use it for such purpose.</p> <p>Id.—Supplemental Complaint—Immaterial Error.—In an action to recover damages for the breach of a warranty of the fitness of a steam-engine for a particular purpose, the error, if any, in allowing the plaintiff to file a supplemental complaint claiming further damages suffered since the commencement of the action will not be deemed prejudicial, when there is nothing in the record to show that the supplemental complaint was ever served or answered, or that any damages claimed by it were allowed.</p>