Consolidated Box Co. v. Penn

This case was tried before the court without a jury. Findings of fact and conclusions of law were waived by all parties.

Plaintiff, Consolidated Box Company, hereinafter called “Consolidated” sued defendant, Isadore Penn, hereinafter called “Penn” for $3,500, the purchase price of a nailing machine.

Penn brought a third-party action against Isadore Pedowitz, a trucker, hereinafter called “ Pedowitz ”, for negligently breaking the nailing machine while transporting it.

On September 13, 1951 Consolidated and Penn entered into a sales agreement, the legal purport of which, as I interpret it, was a…