Moscahlades Bros., Inc. v. Mallars & Company

DUFFY, Chief Judge.

This action was brought to recover the sum of $3,336.80 as the purchase price of a shipment of Italian Romanello cheese. The defense was that the cheese delivered was “unfit for human consumption” and was rejected. The trial court found generally in favor of the defendant, but entered judgment against the defendant for $78.41 on the basis that defendant had accepted and resold two eases of the shipment of cheese in controversy.

Defendant is a wholesale dealer in cheese and other products. It had purchased cheese from plaintiff since 1925. Pursuant to an order previously…