Paul Gerli & Co. v. Mistletoe Silks Mills

The opinion of the court was delivered by

Trenchard, J.

This is an action for the purchase price of a bale of raw silk delivered by the plaintiff to the defendant.

The defence is that it was sold as “best classical Italian silk for single weaving” and did not answer that description.

The defendant counterclaimed for profits lost and for expenses incurred in the attempt to weave the silk and recovered a verdict. Thereupon the plaintiff was allowed this rule to show cause why the verdict should not be set aside.

At the trial at the Hudson Circuit, no loss of profits was proved, but there was…