Reber v. Schitler

Citations

• 141 Pa. 640
• 21 A. 736
• 1891 Pa. LEXIS 1115

Syllabus

<p>(a) In an action to recover the agreed price for horses sold and delivered, the plaintiff alleged that the sale was absolute and without warranty; the defendant, that, though a warranty was offered, the sale was conditional, to become absolute only on approval after further examination by the defendant, as to the cause of a lameness in one of the horses:</p> <p>1. It was error to exclude defendant’s offer to prove that, immediately after a further examination on delivery, he notified defendant of his refusal to accept; and error, also, in the charge to the jury to give such importance to the question of warranty as to divert attention from the primary question, whether the sale was absolute or conditional.</p>