Cohen v. Frima Products Co.

RUSSELL, Circuit Judge.

Appellant assigns error upon the judgment of the, trial Court, sitting without a jury, entered in favor of the appellee. Appellee as the plaintiff, instituted suit against appellant as the defendant for the agreed price of 879 lugs of tomatoes purchased after inspection and supervision of the packing, and which were delivered to the defendant’s agent in Havana, Cuba, and for which the said agent delivered to plaintiff a check in the amount of $3129.40 upon which payment was stopped. The answer was a denial of indebtedness, an admission of the purchase and delivery of…