Pittsburg Automobile Co. v. Iron City Sand Co.
Pittsburg Automobile Co. v. Iron City Sand Co.
Opinion of the Court
Opinion by
The plaintiff’s action was brought for work done and material furnished on and about two motor trucks, one of which was known as a “Commer” truck and the other, a “Vulcan” truck. The plaintiff had sold the Commer truck to the defendant on a written guarantee that it would give satisfactory service “provided the purchaser’s requirements of each truck are O. K. and accepted by him.” The guarantee contained several conditions as to overloading, use of proper lubricants, carrying out reasonable instructions as to the operating of the machine and weekly inspection by the plaintiff during a period of ninety days, at the end of which time if the truck did not deliver the service as requested by the purchaser and accepted by the plaintiff the latter agreed to take it back and refund the purchase price paid less thirty cents per mile for mileage rendered during the ninety days’ trial. The contract further provided as follows: “After this trial it is understood that the purchaser accepts absolutely this truck.” There was a further guarantee as to the chassis of*the truck whereby the plaintiff undertook to supply free of charge any part of the chassis, exclusive of tires which might be found faulty owing to defective material or workmanship for a period of seven years from date of the delivery, such parts to be sent to the plaintiff for examination, no responsibility to arise however for loss resulting from or contingent upon such defects or due to wear, tear or neglect or loading over the rated capacity. The gear boxes were guaranteed for the term of two years. The truck was retained and used
The judgment is affirmed.
Reference
- Full Case Name
- Pittsburg Automobile Company v. Iron City Sand Company
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Practice, C. P. — Affidavit of defense — Lack of particularity. 1. In an action to recover for work done and material furnished on a motor truck which the plaintiff had originally sold to the defendant under a guaranty, an affidavit of defense is insufficient which avers generally that the material furnished and the work performed were faulty, and that many of the items charged for should have been done at the plaintiff's own expense under the guaranty, but wdthout' any objection to the specific items, and without any particular statement of the material or workmanship alleged to bo defective. 2. In an action to recover for work done and material furnished on a motor truck owned by the defendant, an affidavit of defense is insufficient, which avers in general terms that the material furnished and work performed was faults', and that as a consequence of this the defendant had repairs made by another company which amounted to an aggregate sum stated, but without specifying in detail what these items were, or in what respect the material and workmanship were defective.