Ouzts v. Maloney

OPINION

By MILLER, J.

This is a law appeal from the judgment of the Common Pleas Court rendered upon the verdict of a jury finding for the defendant on the plaintiff’s petition and also finding for the defendant on its cross-petition. The action was one for damages, breach of warranty in the sale of a product known as “So-EZY Pudding and Pie Mix,” to which the defendant filed a cross-petition for the balance due upon the account for the purchase price of the same.

The record reveals that prior to June, 1945, the plaintiff-appellant was engaged in jobbing and distributing various products,…