Reynolds v. General Electric Co.

Citations

• 141 F. 551
• 73 C.C.A. 23
• 1905 U.S. App. LEXIS 4030

Syllabus

<p>1. Sales—Contracts—Construction—Capacity—Warranty of Efficiency.</p> <p>A contract by a dealer to furnish to a purchaser a definite pump of known manufacture, “having a capacity of 300 gallons per minute against a head of 350 feet,” which has been selected by the purchaser and is to be built by the manufacturer, is not a warranty of the size, design, construction, materials, efficiency, and endurance of the pump, but is, like its name, descriptive, and limited in effect to a warranty of the quality of size.</p> <p>2. Same—Implied Warranty of Fitness—Article of Known Manufacture.</p> <p>Where a purchaser buys of a dealer a definite machine or article of a described manufacture, which has been or is to be made by a builder who is not the vendor, and the vendee knows this fact, there is no implied warranty by the dealer against latent defects, or that the machine or article will be suitable for the purposes for which such articles are commonly used, because the purchaser has the same knowledge and means of knowledge on these subjects as the seller.</p> <p>3. Same—Implied Warranty of Qualities—Exclusion.</p> <p>An express warranty of one of the qualities of a machine or article excludes implied warranties of other qualities of the article of a similar nature.</p> <p>(Syllabus by the Court.)</p>