Taliaferro & Sherwood v. Ackerman

Citations

• 73 Pa. Super. 539
• 1920 Pa. Super. LEXIS 59

Syllabus

<p>Sales — Sales by sample — Interpretation of contracts — Case for fury.</p> <p>In an action for breach of warranty under a written contract for the sale of hosiery, evidence was produced to show that the sale had been- made in accordance with a sample produced by the vendor. It was alleged by the plaintiff that they had purchased by sample and that the sample given by the defendant and designated by him as “Mill No. 800” was a seamless stocking. Defendant denied this allegation and produced witnesses to show that the defendant’s “Mill No. 800” was a stocking sewed at the ankle. Under such circumstances the case was for the jury and a verdict for the plaintiff will be Sustained.</p>