Story Case

After negotiating for some time, Abram Schuyler agreed with the Mitchell Company to purchase a Wood's electric. The machine was not new, but the Mitchell Company stated repeatedly that it was "free from mechanical imperfections." Some days later, when the car was being taken out of the garage by Mrs. Schuyler, it failed to respond to the controller. The next day, it suddenly started forward when Mr. Schuyler stepped upon the running board. The machine was examined by an electrician, who pronounced it "alive", because the wiring was defective. Can Abram Schuyler recover from the Mitchell Company?

Ruling Court Case. Torcheimer Vs. Stewart, Volume 65 Iowa Reports, Page 593; Volume 22 Northwestern Reports, Page 886

Torcheimer was a provision dealer, residing and doing business in the City of Mobile, Alabama. Stewart was a pork packer, residing and doing business in the City of Council Bluffs, Iowa. Stewart contracted to sell a large quantity of hams to Torcheimer. The hams were thereupon shipped to Mobile. Torcheimer paid for the hams while they were in transit. He now claims that he purchased these hams as "choice sugar-cured canvassed hams," and that when they were delivered to him they were unsound, tainted, and unmerchantable. He showed that hams, properly cured and properly treated, will keep during all the summer months. He, therefore, brought this action for damages, resulting from Stewart's breach of his warranty. Stewart contended there was no warranty, but that his words were merely his opinion and not a statement of a fact.

Mr. Adams, Chief Justice, said: "A representation as to the quality of goods by the word 'choice' may or may not be a warranty, according to circumstances. The use of such a word by the buyer, respecting goods which the buyer was inspecting, or might be presumed to inspect, would not ordinarily be a warranty. It would be a mere expression of opinion respecting the quality, of which the buyer should judge for himself. But there are circumstances under which it is the right of both parties that representations made by the seller, should be regarded as statements of fact which may be relied upon by the buyer. This is so where the buyer is ignorant of the quality, and cannot be presumed by the seller to inform himself or acquire knowledge of it except through the representations of the seller."

Ruling Law. Story Case Answer

A warranty is an affirmation made by seller concerning the subject matter made before, or at the time the sale is consummated. An affirmation concerning the thing sold, made afterwards gives rise to no rights, unless it is supported by a new consideration. It is not necessary that the seller should say, "I warrant, etc." but any words, whether written or spoken, and even conduct, equivalent to words of warranty, will constitute a warranty.

Mr. Abram Schuyler has a clear case against the Mitchell company. The machine which had defective wiring and was liable to cross circuit at any moment, was not free from mechanical imperfections. Mr. Schuyler will recover damages for breach of warranty.