Wright v. General Carbonic Co.

Citations

• 271 Pa. 332
• 114 A. 517
• 1921 Pa. LEXIS 507

Syllabus

<p>Contract — Parol agreement — Inducement to sign contract — Evidence — Sale—Express warranty — Affidavit of defense.</p> <p>1. All negotiations between parties to a contract are merged in the agreement subsequently entered into in writing, unless there was fraud, accident or mistake, or a contemporaneous parol agreement, which caused the consummation of the bargain.</p> <p>2. In an action for the purchase price of coke, an affidavit of defense is sufficient which sets up a warranty of quality made before completion of the contract, and follows with the declaration, “whereupon, in order to induce defendant to enter into said agreement, plaintiff then and there orally represented and warranted.”</p> <p>3. In a case such as this, where summary judgment has been entered, defendant may be given the benefit of the doubt as to whether the words of reference used related to the prior negotiations or the subsequent agreement.</p> <p>Contract — Sale—Warranty — Expressed or implied warranty — Inspection — Notice—Laches — Acceptance of goods — Affidavit of defense — Act of May 19, 1915.</p> <p>4. Under the Sales Act of May 19, 1915, section 13, paragraph 6, P. L. 543, an allegation of an express warranty does not negative the existence of an implied one, if not inconsistent therewith.</p> <p>5. Where a buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller’s skill and judgment, whether he be the grower, or manufacturer, or not, there is an implied warranty that the goods shall be reasonably fit for such purpose.</p> <p>6. The right under a warranty, express or implied, survives the actual acceptance of the goods sold, in the absence of other considerations, which, under the Sales Act of May 19, 1915, P, L. 543, may be controlling.</p> <p>7. An inspection, trial of test, to determine whether goods are of the quality warranted, must be made within a reasonable time