Powerine Co. v. Grimm Stamp & Badge Co.

Lightner, District Judge.

Suit for damages on account of breach of warranty. Judgment for defendant, and plaintiff appeals.

The principal assignments of errors and the only ones discussed in the-brief are, first, that the verdict is against the clear weight of the evidence, and, second, that hearsay testimony and self-serving declarations prejudical to the plaintiff were admitted. No complaint is made about the instructions.

Plaintiff’s petition sets forth the corporate existence of the parties; recites that on February 28, 1931, plaintiff was solicited by defendant for an order for signs to be…