Destefano v. Associated Fruit Co.

This is an appeal from a judgment of the Appellate Court for the First District affirming a judgment of the superior court of Cook county for $1600 in a. suit of assumpsit brought by defendant in error (hereinafter called plaintiff) against plaintiff in error (hereinafter called defendant) to recover the difference between the amount paid by plaintiff to defendant for a car-load of grapes and the amount for which the grapes were sold by plaintiff after an alleged rescission of the contract of sale.

The undisputed evidence in the record shows that defendant is a general distributor of fruit and…