Osborne v. Everett

Citations

• 2 Monag. 347
• 15 A. 723
• 1888 Pa. LEXIS 799

Syllabus

<p>On a contract of sale and warranty of a reaper, with stipulations for notice of defects, and a return of the machine, upon failure of the vendors to remedy the difficulty, a new promise by the vandors that they would make it work, on condition that the vendees would try the machine another year, will operate as a waiver of notice, in the absence of an express agreement extending the original contract for the second year.</p> <p>On a suit for the value of the machine, still in the vendee’s possession, the supreme court will not reverse, because the court below allowed the defendant to be asked, on the measure of damages, whether this reaper was worth anything for the purpose for which it was made and sold.</p>