Genuine Panama Hat Works, Inc. v. Paragon Hat Co.

Mr.. Justice Gridley

delivered the opinion of the court.

In an action in assumpsit, commenced June 9, 1924, for the recovery of the invoice prices, aggregating the sum of $2,972.25, of 159 dozen straw hats, sold and originally delivered in five separate shipments to defendant in Chicago during June, 1920, the court instructed the jury to find the issues against defendant and assess plaintiff’s damages at said sum. Such verdict being returned on February 26, 1926, the court entered judgment thereon and this appeal followed.

In plaintiff’s statement of claim, after stating the sale and delivery at…