Catalano v. Corcoran

Opinion by

Linn, J.,

This suit was brought for breach of express Avarranty of quality of a car of grapes sold to plaintiffs by defendant, acting by a produce broker. Plaintiffs did not allege that they gave defendant notice of the alleged breach (see. 4-9 of the Sales Act, 1915, P. L. ’557). Defendant denied the warranty. After the evidence was in, the eonrt directed a verdict for plaintiffs, giving the following reason therefor: “Having cancelled his contract, the defendant could not of his own volition reinstate it. He says he had given the order diverting the car to Pittsburgh the day he…