Milburn Wagon Co. v. Nisewarner

Citations

• 90 Va. 714
• 19 S.E. 846
• 1894 Va. LEXIS 52

Syllabus

<p>1. Sales — Warranty in catalogue — Breach—-Damages-.-—Where defendant is induced to buy wagons by warranty in plaintiff’s catalogue, that they were well made of good, thoroughly-seasoned material, and strong enough to carry the weight mentioned in catalogue : held, that he is entitled to rely thereon and to recover damages for any breach thereof, though his order was on plaintiff’s form covenanting that if any breakage occurred within a year from defective material or workmanship, the same should be repaired without cost on production at the factory of the broken or defective parts, and though such parts were not produced there.</p> <p>2. Appellate Couet — Objections too late. — In action on notes for price of said wagons, where breach of the said warranty is pleaded under Code, § 3299, held, too late to object in this court for first time that the wagons were warranted as “ farm wagons ’ ’ and were used for other purposes.</p>