Sheritt & Stoer Co. v. Roberts Engineering Co.

Citations

• 73 Pa. Super. 147
• 1919 Pa. Super. LEXIS 191

Syllabus

<p>Sales — Warranty—Breach of warranty — Acceptance of goods — Bights of vendee.</p> <p>One who buys goods or machinery under a warranty is not put to the choice of refusing to accept the purchase, or of accepting and waiving defects, when he discovers that the machinery is not as warranted. He may elect either to rescind the contract, or to treat it as a subsisting one, and sue on the alleged warranty. Where there is an express warranty, the general rule is that it survives tbe aeceptanee of the goods, and the purchaser may thereafter sue for the breaph of the warranty, or may set off damages for such breach, against an action for the purchase price.</p> <p>Practice, C. P. — Charge—Points—Evidence.</p> <p>A point must be refused where there is no evidence in the case to support it.</p>