Adams v. Herbert

The litigation, consisting of two cross actions in contract, followed a dispute which arose from the shipment of five carloads of bananas by Adams (the seller) to Herbert (the buyer) during the summer of 1946. The seller’s action as plaintiff, commenced in October, 1949, was on an account annexed for goods sold and delivered. The buy er’s action as plaintiff, commenced in April, 1950, was for breach of warranty. The jury returned a verdict for the buyer as a party defendant and for the seller as a party defendant. Our primary concern is the action brought by the seller against the buyer.

For…