Jacobson v. E. T. Slattery Co.

The plaintiff brought his action for the reasonable value of goods sold and delivered to the defendant. The answer of the defendant, as amended at the opening of the trial, admitted the allegations of the complaint, and set up an affirmative defense of rescission of the contract, for three alleged breaches of warranty; an implied warranty that the bulk of the merchandise should correspond with the sample in quality, and an implied and an express warranty that the merchandise should be of merchantable quality.

At the close of the defendant’s case and without any evidence being offered for the…