“Horse power” is not measured by the power of a horse

November 7, 2014

  • 343 Sales
  • 343VIII Remedies of Buyer
  • 343VIII(D) Actions and Counterclaims for Breach of Warranty
  • 343k438 Evidence
  • 343k441 Weight and Sufficiency
  • 343k441(3) Breach of Warranty

11-07-14Evidence that a purchaser of defendant’s tractor could do more work with eight mules than with it, that a ten horse power tractor purchased from third parties developed a greater horse power, and that on wet ground the wheels of defendant’s tractor would spin around and sink into the ground and stall the machine, supported a finding that it did not develop sixteen horse power as warranted; though “horse power” is a unit of measurement for energy in steam or gasoline engines, and cannot be measured by what a horse could pull.

Heer Engine Co. v. Papan, 218 S.W. 202, (Ark. 1920)