Newton Rubber Works v. Kahn

Citations

• 186 Pa. 306
• 42 W.N.C. 309
• 40 A. 483
• 1898 Pa. LEXIS 1000

Syllabus

<p>Sale — Contract—Warranty—Affidavit of defense.</p> <p>In an action by a manufacturer of bicycle tires against a manufacturer of bicycles to recover the price of tires sold and delivered, an affidavit of defense is sufficient which avers that the defendant refused to purchase the plaintiff’s tires without a distinct assurance and guaranty that they were its guaranteed hose-pipe tires, such as he had purchased and used the previous year; and avers that the tires were not such as they were guaranteed to be; that it was fully understood by plaintiff’s salesmen and the trade that the term “ guaranteed tires” means that if at any time during use within one year the tires prove defective the maker will repair or replace them without expense to the purchaser; that the defendant had equipped his wheels with the tires, and had given his vendees a guaranty of the tires like the guaranty given to him by the plaintiff; that the plaintiff bad refused to repair or replace the tires, alleging that they were not guaranteed; and that it was impossible for defendant before the expiration of the term of the guaranty to state the exact amount of the loss he would sustain by reason of defects in the tires, but that he believed and was prepared to prove on the trial that it would fully equal the sum in suit.</p>