Descalzi v. North American Fruit Exchange

Opinion by

Keller, J.,

Plaintiffs brought this action against the defendant to recover damages for breach, of warranty in the sale and delivery of certain cars of fruit sold them by it. The statement filed claimed damages on three ears of grapes, one car of pears and one car of apples. The proof on the trial, as to the grapes, was limited to two cars. The statement set up an express warranty that the fruit was to be sound, merchantable and fit for human consumption. There was no evidence produced of any express warranty as to quality, except that 277 baskets of pears were to be extra fancy…