Pittsburg Gas Engine Co. v. South Side Electric Manufacturing Co.

Citations

• 43 Pa. Super. 485
• 1910 Pa. Super. LEXIS 78

Syllabus

<p>Evidence — Witness—Statement by expert.</p> <p>1. It is reversible error to permit an expert witness to make a statement which rested on nothing to warrant it in the evidence.</p> <p>Contract — Sale—Repair of engine.</p> <p>2. Where a manufacturer sells an engine and the customer accepts it and a dispute arises as to its running, and the seller agrees for a certain amount to repair it and put it in running order within a period stated and he fails to do so for a considerable time after the expiration of such period, the purchaser is justified in notifying the seller to remove the engine without giving him any further time to make it work. In such a case the burden is not upon the purchaser to show that it was impossible for the engine to be repaired.</p>