Sales - Breach of Warranty - Notice Required by Section 49 of Uniform Sales Act Must Be Given to Seller or His Agent
Defendant corporation ordered certain boiler burner units through Burke, the selling agent of a boiler manufacturer. The order having been transmitted by Burke to plaintiff, the manufacturer's exclusive distributer in the area, the burner units were delivered. Defendant discovered certain defects in their specifications, notified Burke to this effect, and withheld payment of part of the purchase price. In an action by plaintiff for this unpaid balance of the agreed price, defendant asserted plaintiff's breach of warranty by way of recoupment. On appeal of the trial court's judgment for plaintiff, held, affirmed. Defendant could not successfully claim breach of warranty without first complying with section 49 of the Uniform Sales Act, which requires the buyer to notify the seller of an alleged breach. While defendant had given notice of its claim to Burke, there were no grounds for upsetting the trial court's determination that Burke was not plaintiff's agent. Dodge Engineering Associates v. Noland Co., (Mun. Ct. App. D.C. 1957) 128 A. (2d) 655.