Brookside Distilling Products Corp. v. Monarch Wine Co.

Opinion by

Me. Justice Chidsey,

Brookside Distilling Products Corporation, appellant, instituted this action in assumpsit to recover the amount paid by it for a quantity of wine ordered from and shipped by Monarch Wine Company of Georgia, appellee, contending that the wine supplied did not comply with Pennsylvania Liquor Control Board standards. At the trial, a jury returned a verdict for Monarch Wine Company. Brookside Distilling Products Corporation moved for a new trial, assigning as the principal error, the instruction of the trial judge that if the appellant made no test or no adequate…