Alper Blouse Co. v. E. E. Connor & Co.

Plaintiff has been nonsuited in an action for breach of warranty in the sale of goods. The question presented is whether it established a prima facie case.

Plaintiff bought from defendant 5,000 yards of nylon tricot at $1.50 per yard for use in the manufacture of blouses, for which it paid $7,654.50. The goods were delivered, and plaintiff found that they curled after cutting. It contended that this made them unsuitable for the purpose for which they were bought.

Defendant, upon examination of the goods, apparently conceded the defective condition, and told plaintiff to return them to the…