Improved Traction Engine Co. v. Christner

Supreme Court of Pennsylvania November 7, 1913

Improved Traction Engine Co. v. Christner, 242 Pa. 442 (Pa. 1913)

89 A. 463

Brown, Elkin, Moschzisker, Potter, Stewart

Opinion of the Court

Per Curiam,

On the trial of this i :ase a single question of fact was involved. The trial judge, after stating to the jury what was claimed by ¡ he plaintiff on the oue hand and the defendant on the other, instructed them that their duty was to determine from the evidence what the truth was as to the dispute between the parties. In a case as simple as this, involving only a question of fact, an appeal by the losing party is seldom, if ever, advisable. This record is free fcom any semblance of error, and the judgment is afxxnad,

Reference

Full Case Name: Improved Traction Engine Company v. Christner
Status: Published
Syllabus: Contracts — Sales—Condition sales — Case for jury. In an action to recover the price of a traction engine and two trucks sold and delivered to the defendant, where plaintiff claimed that the sale wat. for cash without conditions, and defendant contended that pla ntifi at the time of sale had guaranteed that the engine and trucks would do the work for which defendant desired them, and that defendant could test them and should pay for them only if found satisfactory, aud that they were tested and found unsatisfactory and worthless, and that plaintiff was promptly notified of that fact, the case was held to he for the jury, and a verdict and judgment for the plaintiff was sustained.