Julius Levin Co. v. Rosenfield

This cause is now before us on rehearing granted. Upon our original consideration it was decided that the judgment entered by the trial court upon the verdict of a jury should be reversed and the cause remanded, and an opinion stating our reasons therefor was filed.

Counsel for the respective parties have made no objection to the facts as stated in the former opinion, but .. differ much as to the rules of law which should be applied. The undisputed facts to which we are called upon to apply the law are these:

The plaintiff filed a declaration in three counts. The first count charges that on…