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1 Sadler 405

Philadelphia & Reading Coal & Iron Co. v. Hoffman

Supreme Court of Pennsylvania

Decided February 1, 1886

Supreme Court of Pennsylvania · decided 1886-02-01

2, of Philadelphia County to review a judgment for plaintiff in an action for damages for breach of contract. The defendants were the manufacturers of certain material used and employed in the manufacture of merchant bar iron, called muck bars, and the plaintiff, being a dealer in. them, was desirous of procuring a quantity to be sold to a corporation in San Francisco to be used by it.

Affirmed · Decided 1886-02-01

Pjer Curiam:

¶1We are clearly of opinion that the contract of sale in this case created a warranty as to the- quality of the iron. In view of the place where the parties understood it was to be used, we see no error in ascertaining the damages there. The purchasers had a right to rely on the contract and to recover damages of the vendor, who was also the manufacturer, for a breach thereof.

¶2Judgment affirmed.

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