Bradford Gasoline Co. v. Hanley Co.

Opinion by

Mr. Justice Maxey,

The basic question here is as to the issue tried. Appellant-defendant contends that the issue was plaintiff’s failure to supply gas in the quantities paid for; appellee-plaintiff contends the issue was plaintiff’s alleged failure to supply gas in proper quality. The court below took the latter view and directed a verdict for the plaintiff on the theory that even if there was a breach of warranty as to quality, the buyer had failed, after acceptance of the goods, to give notice to the seller within a reasonable time after the buyer knew or ought to have known of…