South Bend Woolen Co. v. Jacob Reed's Sons, Inc.

Citations

• 273 Pa. 140
• 116 A. 805
• 1922 Pa. LEXIS 535

Syllabus

<p>Contract — Sale — Written contract — Prior negotiations — Disclosure of rejection of goods by another — Damages—Measure— Contract price — Affidavit of defense — Warranty—Defense not made therein — Appeal—Act May H, 1915, P. L. JfSS.</p> <p>1. Ordinarily a vendor is not obliged to inform a proposed purchaser that the merchandise offered for sale has been rejected by some one else.</p> <p>2. Where a contract of sale provides that merchandise is to be first class except in a particular named, the vendee cannot successfully defend an action for the purchase price merely by proof that a prior proposed purchaser rejected it because it was not first, class in the-excepted particular.</p> <p>3. Presumptively all prior negotiations are merged in a written contract.</p> <p>4. Ordinarily the contract price of goods sold measures the damages, where they have been delivered to the vendee.</p> <p>5. Where a defendant attempts to return merchandise which has been delivered to him, and later plaintiff cuts small pieces therefrom and uses them at the trial for the purpose of demonstrating to the jury the error of defendant’s claim that the goods did not comply with the contract of sale, this will not operate to revest in the vendor the title to the goods.</p> <p>6. Under such circumstances, if the effect of cutting off the small pieces is to reduce the value of the merchandise, defendant will be entitled to a reduction of the contract price to the extent of the resulting diminution in value.</p>