Frank F. Pasch Co. v. Johnson

Taylor, C.

Plaintiff is engaged in business at Milwaukee, Wisconsin, and defendant at Marshall, Minnesota. Plaintiff brought suit for $225 for goods sold and delivered to defendant. Defendant admitted purchasing and receiving the goods, and defended on the ground that they were spoiled and unmarketable. The jury returned a verdict of $80 for plaintiff. Plaintiff appealed from an order denying its alternative motion for judgment for the full amount' claimed or for a new trial.

The goods consisted of 20 cases of malt syrup, of the value of $190 and 20 cases of hops of the value of $35. They were…