Famous v. Thomas Yearsley Co.
Famous v. Thomas Yearsley Co.
Opinion of the Court
Opinion by
In this case the buyer of an electric motor who had paid the purchase price prior to shipment, alleging
Plaintiff testified he was an electrical engineer, engaged in buying and selling electrical machinery, and that he had been so engaged for thirty years; he exhibited familiarity with electric motors and said he knew the market prices of different types of motors, new and second-hand, not only generally but particularly at the time of the breach of warranty, having sold twenty motors about that time. His testimony was properly received : Katzenberg v. Star, 66 Pa. Superior Ct. 45. We note he was not substantially contradicted.
That conclusion also disposes of the contention that only nominal damages could be allowed. The court was the trier of the fact and as there was evidence to support its conclusion, it binds us. As no abuse of discretion is suggested, we need not review the refusal to grant1 a new trial.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.