John J. Trombetta Co. v. Goldstein & Procacci

VAN DUSEN, District Judge.

In this suit under the Perishable Agricultural Commodities Act (7 U.S.C.A. § 499b (4)) for failure of a buyer to account and make full payment promptly for perishable tomatoes purchased by him, the jury brought back a verdict for the defendant partnership. This verdict was contrary to the findings of the representative of the Secretary of Agriculture, who had made an award to plaintiff in an administrative hearing under the Act on the grounds that the tomatoes were of the No. 2 U. S. Grade specified in the contract, the defendant had no right to reject them for…