Edsil Trading Corp. v. John Minder & Sons, Inc.

This motion made by the defendant for summary judgment under rule-113 of the Rules of Civil Practice is granted. Plaintiff, in the course of trade and not for its own consumption, purchased certain produce from the defendant and now seeks recovery of the amount paid therefor in excess of Office of Price Administration maximum prices. Two causes of action are stated, one for money had and received, and the second for breach of certain warranties made with reference to the produce so purchased. There can be no recovery on the fir'st cause of action (Marrow Mfg. Co. v. Eitinger, 185 Misc. 900,…