Kaufman v. Katz

Plaintiff brought this action to recover damages for loss of customers, good will, and spoilage of pickles. Plaintiff alleged these damages resulted from the failure of defendant to deliver to plaintiff the kind of barrels he contracted and warranted to deliver; that as a direct and proximate result of the delivery of the unclean and contaminated barrels, which were utterly unfit for use for the purpose for which they were sold and warranted, the pickles processed by plaintiff within the barrels spoiled.

Defendant by answer denied he warranted the barrels. He contended that he was a dealer in…