La Nasa v. Russell Packing Co.

KERNER, Circuit Judge.

This suit was brought by the buyers of 80 drums of lard to recover the purchase price of the lard with costs for handling, storage and other expenses, on the ground of breach of warranty of quality. Jury was waived, and upon hearing, the court found that plaintiffs were entitled to recover the full amount of the purchase price of the 80 drums, amounting to $5,160, plus storage charges of $428, with interest from February 3, 1949, on which date plaintiffs notified defendant of their rescission of the sale, plus court costs, subject to a credit of $267.

The principal…