Shute v. Levin

Citations

• 66 Pa. Super. 67
• 1917 Pa. Super. LEXIS 194

Syllabus

<p>Contract — Sale—Warranty—Inspection of goods — Case for jury.</p> <p>In an action to recover a balance alleged to be due for 250 bales of hay sold and delivered, the case is for the jury where the evidence tends to show that the defendant went to the plaintiff’s place of business for the purpose of purchasing hay; that he saw the 250 bales, and asked the plaintiff whether the hay was suitable for the feeding of horses, and was told that it was; that defendant did not inspect the hay, although only a few feet from it; that according to the plaintiff, defendant sjiid: “I will guarantee it as good and sound hay for your horses;” that defendant according to his own testimony could not losk through the hay as it was in bales, and could not test its quality by smelling it; that the hay was fed to defendant’s horses, of whom a number died in consequence of their eating it; and that plaintiff after defendant complained to him as to the worthless condition of the hay removed nearly all of it not already consumed.</p> <p>Even where there is no express warranty one arises by implication where the buyer makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies upon the seller’s skill or j'udgment.</p>