Kalin & Feldman, Inc. v. Herbert

Opinion by

Mr. Justice Schaffer,

There are two questions to be determined on this appeal by defendant, whether the charge of the court on the question of damages was adequate and whether the exception taken to that portion of the charge by appellant affords a sufficient basis for review.

The action was assumpsit for silk sold and delivered and for damages for breach of contract by failure of defendant to accept and pay for the remainder of the silk alleged to have been purchased.

In the disposition we shall make of the case, many of the facts connected with the transaction need not be outlined.…