Shoe v. Maerky

Citations

• 35 Pa. Super. 270
• 1908 Pa. Super. LEXIS 23

Syllabus

<p>Sale — Warranty—Breach—Deceit—False representations.</p> <p>Where a statement in assumpsit for a breach of a warranty in the sale of a chattel, sets forth the warranty and the breach, the mere fact that the statement also avers that the representations as to the warranty were not only untrue, but were fraudulently made with intent to deceive, will not prevent a recovery for the breach of the warranty.</p> <p>In an action of assumpsit to recover damages for the breach of a warranty in the sale of a steam engine, the evidence tended to show that the plaintiff sought to buy an engine that would generate twelve horse power, and that the defendant, who was informed as to the work it was expected to do, represented that he could and would sell him one of that capacity. It appeared that defendant was a dealer in secondhand engines, and made a specialty of repairing and rebuilding engines. The evidence showed that the engine was only ten horse power, and the defendant practically admitted this, although he swore that he represented it only as a ten horse power. Held, that the case was for the jury and that a verdict and judgment for plaintiff should be sustained.</p> <p>Sale — Warranty—Breach—Measure of damages — Damages—Steam engine.</p> <p>The measure of damages in an action for a breach of warranty of a steam engine is the difference between the actual value of the engine as it was at the time of the sale, and its value if it had been as warranted.</p> <p>In such a case plaintiff showed that he paid $325 for the engine, and that after using it continuously for upwards of a year he realized from it $175. He offered no direct evidence of the actual value at the time of the sale, of the engine he bought; and presented nothing to show the value at the same date, of the engine he should have received had defendant's warranty been satisfied. The jury returned a verdict for plaintiff for $191. Held, that the judgment should be reversed.</p>