144 Pa. 159 | Pennsylvania Court of Common Pleas, Lancaster County | 1891
This case presents a novel question. It is whether a tag placed upon a bale of tobacco by. the inspector or sampler is a warranty of the quality of the tobacco, and whether it enures to the benefit of subsequent purchasers thereof.
The facts, briefly stated, are as follows: The Conestoga Cigar Co., plaintiff, is a corporation engaged in the manufacture of cigars in Lancaster, Pa. Charles Finke & Co., defendants, are engaged in ~what is known as “sampling” of leaf tobacco, with their main office in the city of New York, and an agency or branch office in the city of Lancaster. In the regular course of business, the plaintiff purchased ten cases of tobacco from the firm of B. S. Kendig & Co. These cases were purchased by sample, each sample having on it one of defendants’ tags, containing such an inscription as the following, the number, weight, and tare varying with the different cases :
“Stripped and sample warranted: No. 408. Feb. 5th, 1887. 484 lbs. and 84 off. Not responsible for any change or damage occurring after inspection. Charles Finke & Co., Inspectors, 149 Water Street, New York. Frank Ruscher ; John T. Mellor, Jr.”
Shortly after the purchase of the tobacco, a portion of it, 1973 lbs., was found to be injured. The plaintiff immediately notified Kendig & Co., from whom it purchased it; and the latter notified the defendants, whose tag was on the samples. Shortly thereafter the agents of Finke & Co. called upon the plaintiff, examined the defective tobacco, and promised to make it all right, and pay for it. The defendants subsequently failed to “ make it all right,” and this suit was brought to compel them to do so.
The plaintiff was met at the very threshold of its case with the contention that there was no contract between the parties, nor was there any privity. It may be conceded that no contract with the plaintiff appears upon the face of the tag, nor was there any evidence to show that the defendants had sampled the tobacco at the request of the plaintiff, or that it had paid them for doing so. On the contrary, it was evident that it had been sampled for some previous owner, and had passed, thus sampled, to the plaintiff.
Had there been no ambiguity about the tag, its construe
We are of opinion that the evidence explanatory of the tag, and the usage of trade in connection therewith, was properly received and submitted to the jury. Their verdict settles the matter, so far as the facts are concerned. They have 'found the contract substantially in accordance with the plaintiff’s construction of it. Was there evidence sufficient to justify this finding ?
However much we might hesitate, were there nothing in the
Judgment affirmed.