Southwest Distributors, Inc. v. Allied Paper Bag Corp.

SPERRY, Commissioner.

Plaintiff sued defendant for damages growing out of the breach of an implied warranty of fitness for intended use. Defendant counterclaimed. Trial to the court resulted in a judgment for plaintiff, on its petition, for $3,200.00, and for plaintiff on defendant’s counterclaim. Defendant appeals.

Defendant’s chief complaint is that plaintiff’s evidence failed to establish a submissible case under the applicable law. Our review will be as in cases of an equitable nature. Unless the judgment is clearly erroneous we will not set it aside, and due regard shall be given to the…