Neuss, Hesslein & Co. v. Meadow

The order appealed from entered upon defendants’ motion condemns the complaint as setting forth two inconsistent causes of action, which may not be concurrently sued upon.

The first cause of action is the familiar one for damages for breach of warranty, plaintiff asserting that it entered into a contract with defendants for the purchase of a quantity of rayon crepe whereby defendants warranted that the merchandise to be delivered would conform to a particular description, be of the same kind and quality as that delivered by defendants upon a prior contract, and free from any defect rendering…