Anheuser-Busch, Inc. v. Lenowitz

Opinion by

Cunningham, J.,

The action below was assumpsit to recover $1,348, ■with interest, as the contract priee of a car of sugar shipped by plaintiff to defendants and accepted by them. At the conclusion of the testimony the learned trial judge directed a verdict in favor of plaintiff for the amount claimed and, after denying defendants’ motions for a new trial and for judgment n. o. v., entered judgment thereon, and we now have thi's appeal by the defendants. The only substantial reason assigned by defendants for refusing to pay for the carload of sugar admittedly received by them was that…