Laganas Shoe Manufacturing Co. v. Sharood

Appeal from an order denying a motion for judgment non obstante or a new trial.

Action to recover $2,811.65 for shoes sold to defendant. The purchase is admitted. They were sold from sample. The answer alleged that the shoes were defective, unmerchantable, and not fit to wear. Shoes to the extent of $381.11 were sold by defendant, who admitted he owed plaintiff that amount. He had tendered a return of the balance of the shoes.

Plaintiff began shipping the shoes from its factory at Lowell, Massachusetts, on March 18,1925, and continued until May 25, 1925. On June 5, 1925, defendant notified…