Pacific Aviation Co. v. Philbrick

Citations

• 67 Wash. 414
• 121 P. 864
• 1912 Wash. LEXIS 1193

Syllabus

<p>Sales — Action fob Pbice — Warranty—Evidence — Sufficiency. There is no sufficient evidence of a warranty to the defendants by the seller of an aeroplane that it was in good condition and that one W. was an experienced aviator and capable of making flights with the machine at the city of H., where it appears that the machine was sold direct to W. by a bill of sale warranting title only, that defendants assisted W. to purchase the machine by giving the promissory note in suit to W., after the seller of the machine had informed defendants that flights could not be made at the city of H. on account of the unsuitability of the grounds, and defendants relied on the oral representations of W. that he could make the flights.</p> <p>Evidence — To Vary Whiting — Bill of Sale — Oral Warranty. Where a bill of sale warrants only the title, evidence of an oral warranty of the good condition of the machine is inadmissible, as varying the terms of the writing.</p>