A Treatise On the Law of Warranties in the Sale of Chattels

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Coal Co.,'' the defend- ants on purchasing some coal, "inquired of the plaintiff, particularly of the quality of the coal ; who assured him it was of the same quality he had been buying." Defendants then told him, " if so, to put it on the wharf at $4 per ton, but if it was not good coal be would not have it;" and in view of this, it was proposed to show that a large amount delivered was not good, and also that defendants 1 9 Watts (Pa.), 55; see, also, Foster v. Caldwell, 18 Vt. 176; and, also..., Kenner v. Harding, 85 111. 264.
^ This case, however, has been doubted.
' 83 Pa. St., 437.
48 WAKRANTIKS.
had roj^eatedly told plaintiff that if the coal was not good, he must take it away, as defendants would not retain it. Held, on appeal, it was error to reject these offers, as "the defendants alleged the existence of a contract that defined their rights, and there was evidence from which the jury might have inferred an agreement on the part of the plaintiff to be answerable for the quality of the coal they were to deliver." § 54.


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