Bodek Son v. Avrach

Opinion by

Mr. Justice Schaffer,

This is an action by vendees of merchandise to recover from their vendors (the goods having been retained and subsequently sold by the vendees) the difference between the price paid and the alleged market value, plaintiffs claiming that the goods were not of the kind agreed to be sold. The trial resulted in a verdict in plaintiffs’ favor for $5,106.22. The court subsequently entered judgment for defendants non obstante veredicto- and plaintiffs have appealed.

Defendants had bought at auction from the United States government 3,825 used army blankets. They were…