Pyott v. Baltz

Citations

• 38 Pa. Super. 608
• 1909 Pa. Super. LEXIS 195

Syllabus

<p>Sales — Executed sales — Warranty—Evidence.</p> <p>1. There is no implied warranty in executed sales, except that of title, nor is there any in cases where the sale is made upon inspection of a buyer.</p> <p>•2. Although to constitute a warranty no particular form of words is required, the naked averment of a fact without more, is not a warranty. In connection with other circumstances it certainly may be taken into consideration, but the jury must be satisfied from the whole that the vendor actually, and not constructively, consented to be bound for the truth of his representation. Should he have used expressions partly importing a willingness to be thus bound, it would furnish a reason to infer that he had intentionally induced the vendee to treat on that basis; but a naked affirmation is not to be dealt with as a warranty, merely because the vendee has gratuitously relied on it.</p> <p>3. In an action to recover the price of cows sold by the plaintiff to the defendant, it appeared that the sale was made at public auction. Immediately prior to the sale defendant examined the cows personally and by his veterinarian. The latter asked the plaintiff whether he would submit the cows to the tuberculin test, which the plaintiff refused. There was evidence that the plaintiff stated that he intended to sell the cows as being sound cows, and that he had never had any suspicion of their having tuberculosis. After the, sale the defendant had the cows examined by tuberculin test, and some of them were found to be affected with tuberculosis. At the trial the court submitted the question of warranty to the jury. Held, that a verdict and judgment in favor of plaintiff for the full amount of his claim should be sustained.</p>