University of Pennsylvania Law Review (Volume 16 )

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1877 Excerpt: ... a warranty, yet, where representations are made by the vendor, of the quality of the thing sold, or its fitness for a particular purpose, if intended as a part of the contract of sale, and the vendee makes the purchase relying upon such representations, they will in law constitute a contract of warranty. The evidence detailed in the exceptions had a tendency to establish such a contract, and it would have been error, by any ruling of the court, to have deprived the plaintiff of the benefit of it. Upon the claim made by the defendants, that there had been an acceptance of the machinery by the plaintiff, and a waiver of all defects in it, the charge was more favorable to the defendants than it should have been. Keturn of the property to the vendor, or notice of its defects, is never necessary, except to enable the vendee to withhold or recover back the price upon the actual disaffirmance of the contract, and thereby revesting the title in the vendor. But where there is a contract of warranty, the vendee is under no legal obligation to return the property, or to give notice of its defects; he has a right of action by proving the contract and its breach, and his retention and user of the property, and neglect to give notice to the vendor of its defects, arc only material upon the question of damages. The claim of the defendants that it was part of the agreement that their mechanic should set up the machine, does not seem to us to be supported by the evidence, and all the benefit the defendants could legally claim from any unskilfulness in setting up or using the machine, was fully given them by the charge. Judgment affirmed. ABSTRACTS OF RECENT DECISIONS. COURT OF CHANCERY OF DELAWARE.1 SUPREME COURT OF INDIANA.2 COURT OF ERRORS AND APPEALS OF MARYLAND. SUPREM...