Strawbridge v. Hawthorne

Citations

• 47 Pa. Super. 647
• 1911 Pa. Super. LEXIS 218

Syllabus

<p>Practice, C. P. — Judgment n. o. v. — Rights of plaintiff — Act of April 22, 1905, P. L. 286.</p> <p>1. In determining as to the correctness of a judgment n. o. v. under the Act of April 22,1905, P. L. 286, the test is whether binding direction for the defendant would have been proper at the close of the trial. In applying the test, the plaintiff must be given the benefit of every fact and inference of fact pertinent to the issue, which the jury could legitimately find from the evidence before them.</p> <p>Contract — Sales—Special knowledge of vendor — Warranty.</p> <p>2. Where a general dealer holds himself out to the public as a vendor of veterinary supplies, and his clerk when asked for raw linseed oil as medicine for a horse, draws boiled linseed oil, a poisonous substance, from a can standing next to that containing raw linseed oil, - and the purchaser has no means of knowing from inspection that he has been delivered the wrong article, the transaction involves an implied warranty on the part of the vendor that the oil delivered was of the kind ordered, or at least, that it was not of a different kind vrhich would be poisonous if administered as a veterinary remedy. In such a case the rule of caveat emptor does not apply as in ordinary cases of sale by inspection.</p>