Nadell & Co. v. Grasso

Plaintiff company, a Los Angeles concern in the business of purchasing goods damaged in transit, was granted a permanent injunction against the sale and distribution by defendant Boss of several hundred cases of refrigerated fruit salad except as specified in plaintiff’s agreement with the vendor-carrier. Ross has appealed from the judgment awarding such preventive relief.

In June of 1956, plaintiff purchased from Southern Pacific Company a quantity of Kraft-brand fruit salad in pint, quart and gallon jars. The goods had become frozen in transit, causing the tops of the containers to expand…