Kardon v. Crescent Nut & Chocolate Co.

Opinion by

Gawthrop, J.,

This is an action in assumpsit to recover the purchase price of goods sold and delivered by plaintiff to defendant. The case was tried before Judge Glass without a jury and a finding was made for plaintiff. Defendant appeals from the order overruling its motion for a new trial.

Three of the four questions stated in appellant’s brief raise the single question whether there was such a variance between the allegations and the proofs as to require the trial judge to find for defendant on that ground. It would be a sufficient answer to state that the record fails to disclose…