Society Brand Hat Co. v. Felco Fabrics Corp.

GODDARD, District Judge.

This is an action for a breach of warranty in which plaintiff seeks to recover the *500sum of $3,763.38, representing the purchase price paid for 21 pieces of grey flannel sold by the defendant to the plaintiff, and which the plaintiff contends are of inferior •quality and unmerchantable.

On September 18, 1946, the plaintiff, through its duly authorized agent, signed and submitted to the defendant an order form of the defendant for 25 pieces of grey flannel. Following a description of the goods contracted for and directly above the blank spaces for signatures, was printed…