Schutter Candy Co. v. Stein Bros. Paper Box Co.

CASTLE, Circuit Judge.

This diversity action was instituted in the District Court by Schutter Candy Company to recover damages for an alleged breach of warranty by Stein Bros. Paper Box Company, the appellant herein. The complaint charged in substance that Stein Bros, had sold and delivered to Schutter certain paper boxes which were malodorous and therefore unfit for the packaging of chocolate-covered candy bars, the purpose for which the boxes were intended. Stein Bros, answered Schutter’s complaint by admitting liability but demanding strict proof of the damages sustained by Schutter, and…