Spitzer v. Bradshaw-Praeger & Co.

JUDGE SCHWARTZ

delivered the opinion of the court.

This is a suit to recover damages arising from breach of warranty of the fitness of an ingredient supplied to plaintiff by defendant for use in the manufacture of hair lacquer. At the close of plaintiff’s case defendant presented motions to find the issues in its favor. The court sustained the motions and dismissed the suit. In so doing the court did not restrict its examination of the evidence to that which was favorable to plaintiff and to all reasonable inferences in favor of plaintiff to be drawn therefrom but, as clearly appears from his…