Slattery v. Carroll

Citations

• 70 Pa. Super. 578
• 1919 Pa. Super. LEXIS 10

Syllabus

<p>Contract — &■ ales — Inspection—Carload of coal — Warranty.</p> <p>Where a householder purchases a carload of coal f. o. b. at the mines, she is not bound to exercise her right of inspection at the siding of destination, before she attempts to remove the coal to her home. If she tries the coal at her home and promptly notifies the seller of her dissatisfaction with it, she may in an action against her for the price, show that the coal would not burn and could not be used as coal.</p> <p>While it is true that the vendor does not impliedly warrant the quality of the particular kind of a chattel or merchandise purchased, there is an implied warranty in all such sales that the vendee shall have the right to inspect before acceptance, and when after such inspection, knowing the inferior quality of the goods sold, he accepts and uses the goods, he will be liable for the contract price.</p> <p>In the sale of a chattel by description or sample, there is always an implied warranty that the article shall be of the kind ordered or purchased.</p>