Sunseri v. Garcia & Maggini Co.

Opinion by

Mr. Justice Schaffer,

Under a written contract plaintiffs, Pennsylvania Macaroni Company, purchased from defendant, Garcia & Maggini Company, five carloads, three hundred sacks each, of “Bon ton white graded garlic San Juan District.” The contract is dated April 7, 1924, and contemplated delivery the following fall, when the crop growing in California had matured. Defendant delivered under the contract but half a carload, which plaintiffs refused to accept, alleging that it was not of the quality stipulated for, and this action was brought to recover damages for the failure to…