Kraft-Phenix Cheese Corp. v. H. B. Smith Machine Co.

In an action in assumpsit to recover damages for claimed breach of contract for the manufacture and sale of certain special machines, there was a trial before a jury in January, 1932, resulting in a verdict and judgment against defendant for $1,290.16. The present appeal followed.

About two years after the commencement of the action plaintiff, on November 30, 1931, by leave of court; filed an amended declaration consisting of four special counts and the common counts. In the first special count plaintiff avers that on February 16,1929, plaintiff and defendant entered into a contract whereby…