Seeley v. Welles

Citations

• 120 Pa. 69
• 13 A. 736
• 1888 Pa. LEXIS 458

Syllabus

<p>In an action for the price of a reaper and binder, the defendant testified that he told the plaintiff he would not take it until he tried it, and, if it worked to suit him and his team could handle it, he would buy it and he was to be the judge himself. The court charged the jury that if they believed defendant, then the plaintiff could not recover provided they found the machine did not work well and that defendant had reasonable cause to be displeased with it; that, if the machine did good work, defendant could not say “I have made a bad bargain, I am not satisfied,” and return it.</p> <p>1. Held, error: that, defendant’s objections may have been ill-founded, or unreasonable in the opinion of others, yet if they were made in good faith he had the right, if his testimony were believed, to reject the machine.</p>