Hunt Foods, Inc. v. Gaer Bros.

SMITH, District Judge.

This is an action by a producer and seller of canned goods on trade acceptances with a counterclaim for breach of warranty on an earlier sale of canned red raspberries.

There is no issue on the trade acceptances. They were accepted by defendant, duly presented, and payment refused on a stop-payment order by defendant. Plaintiff must, therefore, prevail on the complaint unless defendant recovers judgment in equal or greater amount on the counterclaim.

The principal factual issues on the counterclaim are whether the condition of the berries when shipped breached the contract…