Oyster v. Waugh

Supreme Court of Pennsylvania
Oyster v. Waugh, 4 Watts 158 (Pa. 1835)

Oyster v. Waugh

Opinion of the Court

Per Curiam.

—The statement of the amount in figures is but matter of description. It is like a recital of quantity in a conveyance, which does not amount to a warranty of the fact. The guarantee was intended to provide for what was contingent, not what was certain; and it therefore is inapplicable to a mere estimate, whose accuracy could have been tested by a recurrence to the docket, which was equally accessible to both parties. The plain meaning of the undertaking was, that the judgment should be paid; not that the interest assigned should be of a particular value.

Judgment affirmed.

Reference

Full Case Name
Oyster against Waugh
Status
Published