Alex J. Mandl, Inc. v. San Roman

LINDLEY, District Judge.

Plaintiff’s suit to recover damages from defendants, incurred, as it claims, because of defendants’ breach of implied warranty to deliver merchantable goods, after trial by the court without a jury, resulted in a judgment in its favor for $9708.18 and costs. Upon appeal defendants assign various errors but, in view of our conclusion, we think it unnecessary to notice any other than the one alleging an erroneous finding by the District Court that defendants did not stipulate as a part of the contract of sale that they would not be bound by any implied warranty as to…