Armstrong v. Descalzi
Superior Court of Pennsylvania
Appeal, No. 115, April T., 1911, by defendants, from judgment of C. P. No. 4, Allegheny Co., First Term, 1908, No. 862, on verdict for plaintiff in case of F. C. Armstrong v. John B. Descalzi et al. Assumpsit to recover the purchase price of a car load of grape fruit. Before Carnahan,' J. The defendants set up as a defense a breach of warranty. The facts relating to this branch of the case are fully set forth in the opinion of the Superior Court.
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Appeal, No. 115, April T., 1911, by defendants, from judgment of C. P. No. 4, Allegheny Co., First Term, 1908, No. 862, on verdict for plaintiff in case of F. C. Armstrong v. John B. Descalzi et al. Assumpsit to recover the purchase price of a car load of grape fruit. Before Carnahan,' J. The defendants set up as a defense a breach of warranty. The facts relating to this branch of the case are fully set forth in the opinion of the Superior Court. At the trial the defendant offered to show various charges to which they had been subjected in the sale, carting and storage of the fruit. This was…
1Opinion of the Court
Opinion by
Rice, P. J.,
The questions raised on this appeal relate to a set-off and counterclaim which arose out of the purchase, by the defendants, in March, 1904, of a car load of grape fruit, it being claimed by the defendants that the plaintiff warranted the grape fruit to be “first class stock,” and that there was a breach of the warranty. The plaintiff was a fruit grower and fruit broker in Florida, and the defendants were fruit sellers in Pittsburg, having business connections in New York. The correspondence between the parties appears to have been opened by a letter from defendants to…
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