Palmer v. . Jennette

Among other objections to the trial not necessary to discuss at length, the appellants insist that the judgment is not supported by the verdict, because of alleged irreconcilable repugnances in the answers to the several issues. Specifically it is contended that the fifth issue, permitting recovery and determining the amount thereof, is contrary to the findings under the third and fourth issues sustaining defendants’ allegation that there was in the sales contract an express warranty of merchantability of the produce sold, and that plaintiffs had breached that warranty. Indeed, it is…