Samuel v. Delaware River Steel Co.

Citations

• 264 Pa. 190
• 107 A. 700
• 1919 Pa. LEXIS 617

Syllabus

<p>Contract — Sale—Warranty—Acceptance and implied warranty— Notice — Goods not ordered — Measure of damages.</p> <p>1. Where in an action for goods sold and delivered, it appears that defendant purchased by description roll scale, a byproduct of a rolling mill, but that the plaintiff delivered mill cinder, which is a commodity different in substance and value from roll scale, and that this was received and used without complaint or offer to return, the defendant can only be held for the market value of the mill cinder delivered; but if the plaintiffs submit evidence, although contradicted, from which the jury might conclude that the material delivered was, in fact, roll scale, as called for by the contract, the case must be submitted to a jury.</p> <p>2. The implied warranty that the material was of the kind ordered, is one which survived the acceptance and use of the material by defendant, without previous notice to plaintiffs.</p>