Jean Lang Dress Co. v. Robert Hirss Co.

DAY, District Judge.

In this action the plaintiff seeks to recover damages for an alleged breach of warranty, express or implied. Jurisdiction is based on diversity of citizenship and the existence of a controversy in the required amount.

In its complaint the plaintiff alleges in substance that on, to wit, July 2, 1952, the plaintiff entered into a contract with the defendant whereby the defendant was to manufacture certain dress fabric of first quality and suitable to be converted into dresses; that the plaintiff relying upon the special skill of the defendant ordered large quantities of this…