196 Mass. 257 | Mass. | 1907
There was no express warranty. All that Read said as to the value and nature of the machine was mere seller’s talk.
We are also of opinion that there was no implied warranty as to the length of time this crank shaft would stand the strain of use. The subject of sale was an automobile. Even if it be assumed that the plaintiff had the right to think the sale was made by the manufacturer, still the machine was not made especially for the plaintiff, but on the contrary was one which had been considerably used, and it was bought by him at what he knew was a sum below the usual price for a new machine of the same kind. If it be said that he had the right to suppose it was fit
It becomes unnecessary to consider the other grounds of defence.
Exceptions overruled.