Alper Blouse Co. v. E. E. Connor & Co.

Alper Blouse Company, Inc., instituted this action against E. E. Connor & Co., Inc., for rescission, and to recover the purchase price paid for a quantity of nylon tricot cloth — intended for use in the manufacture of blouses—which plaintiff had rejected because of certain alleged defects.

After a mistrial in May, 1952, a retrial resulted in a judgment for defendant which was reversed by this court, a new trial being ordered (282 App. Div. 123). After a third trial resulted in defendant’s favor, this court affirmed (284 App. Div. 954), *618but the Court of Appeals reversed (309 N. Y. 67). The fact…