Weidner v. Merz

Citations

• 148 Pa. 252
• 23 A. 1136
• 1892 Pa. LEXIS 963

Syllabus

<p>Sale of horse — Warranty—Evidence of prior unsoundness.</p> <p>In an action to recover damages for the breach of a warranty in the sale of a horse, which plaintiffs had bought from one Sheppard, with an express warranty of soundness, the court left it to the jury to determine whether Sheppard was the agent of defendants in the transaction, whether Merz, one of the defendants, personally warranted the horse, and whether Merz and Cleaver, the defendants, were partners in the horse and consequently both liable.</p> <p>Held, that as there was evidence on all these points, the submission to the jury was proper.</p> <p>Plaintiffs were also permitted to show that a year before the sale to them, defendants purchased the horse, and that it was at that time diseased, as evidence of a breach of the warranty of soundness on the sale to plaintiffs.</p> <p>Held, not to be error.</p>