Walker v. Kirk

Citations

• 72 Pa. Super. 534
• 1919 Pa. Super. LEXIS 361

Syllabus

<p>Contracts — Sales—Warranty—Horse. •</p> <p>A mere statement by the vendor of a horse that the animal “is sound and all right and a good worker double” does not constitute a warranty, but is merely a naked affirmation and representation.</p> <p>In an action to recover the purchase price of a horse, such a representation, unaccompanied' by circumstances from which a jury could legitimately infer an intention on the part of the vendor to be bound by the truth of the statement, does not amount to a warranty, and the court did not err in directing a verdict in favor of the plaintiff.</p>