Willson v. Vlahos

This is an action of contract to recover the purchase price of a carload of strawberries. The amended answer contains a general denial, payment, and sets up by way of recoupment that the plaintiff expressly warranted that the strawberries were to be of the best stock, and impliedly warranted that they were in proper condition to stand shipment from Van Burén, Arkansas, to Lowell in this Commonwealth, and to be in merchantable condition for resale at Lowell; that there was a breach of both warranties by the plaintiff which the defendant did not discover until after many of the berries had been…