ELLIOTT-LEWIS CORP. v. YORK-SHIPLEY, INC.


372 Pa. 346 (1953)

Elliott-Lewis Corporation v. York-Shipley, Inc., Appellant.

Supreme Court of Pennsylvania.

January 7, 1953.


Attorney(s) appearing for the Case

G. Ruhland Rebmann, Jr., with him Richard V. Zug, George B. Clothier, and Edmonds, Obermayer & Rebmann, for appellant.

Frederick A. VanDenbergh, Jr., with him Saul, Ewing, Remick & Saul, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.


OPINION BY MR. JUSTICE BELL, January 7, 1953:

This is an action in assumpsit for damages for breach of an express warranty. The trial Judge who heard the case without a jury, found a verdict for the plaintiff in the sum of $3096.85. All of the defendant's exceptions were dismissed by the Court en banc, and judgment was entered on the verdict. From this order and judgment the defendant appeals.

The basic question is whether defendant's printed catalogue setting...

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