Rappaport v. Boyer & Gilfillan Motor Co.

Loring, Chief Justice.

This is an action to recover damages for an alleged breach of warranty in the sale of 100 truck engines. The jury returned a verdict for plaintiff, and defendant appeals from the denial of his alternative motion for judgment or a new trial.

Resolving all conflicts and doubts in favor of plaintiff, the prevailing party, the facts appear to be as follows: Plaintiff, an automobile parts dealer, was under contract with the United States government to furnish, among other items, a number of truck engines suitable for installation in 1942 Ford army trucks. Plaintiff inquired of…