United States v. Hoffman

ZAVATT, Chief Judge.

This is an action to recover the sum of $15,296 plus interest allegedly due from the defendant as the unpaid balance on a contract to purchase Government surplus leather jackets, dated July 21, 1954. In addition to a general denial, the defendant pleads three affirmative defenses, two of which are also-pleaded as setoffs. The first affirmative-defense alleges (1) a breach of warranty by the auctioneers, as agents of the plaintiff, by means of a misleading brochure; (2) misleading oral representations and’ (3) the prevention of inspection of the-jackets by the defendant.…