Comfort Springs Corp. v. Allancraft Furniture Shop, Inc.

Opinion by

Fine, J.,

Comfort Springs Corporation, appellee, instituted this action in assumpsit against Allancraft Furniture Shop, Inc., appellant, to recover a balance due and owing for merchandise sold and delivered. The defense interposed was that the buyer had rescinded the contract because of a breach of warranty by the seller. At the conclusion of the testimony the court below directed the jury to return a verdict for the appellee in the sum of $1,284.44 on the ground that the buyer, as a matter of law, was guilty of unreasonable delay in attempting to rescind the contract. Appellant’s…