Bauer v. Helene Curtis Industries, Inc.

Plaintiffs sued to recover the purchase price of certain merchandise delivered to them as distributors under contract with defendants who were the manufacturers. The basis of the action was a purported breach of warranty of the merchandise sold. In a trial before the court sitting without a jury judgment was entered for the defendant, In due time the plaintiffs moved for a new trial specifying eight grounds. The only ground urged and determined was that numbered 6 which read, “Insufficiency of the evidence to justify the verdict.” The order granting a new trial specified as a ground therefor,…