Goodyear Tire & Rubber Co. v. Hershenstein

Three principal issues of fact were presented on the evidence. The first related to whether the plaintiff had misbranded the merchandise sold and delivered to the defendant; the second, to whether the plaintiff had breached the contract by failing to deliver the balance of the goods called for by the contract; and the third, as to the amount of the defendant’s damage on its counterclaim in the event the plaintiff had been guilty of such breaches.

The defendant admitted the receipt and delivery of the first installment ordered under the contract, and also the amount of the purchase price…