National Refrigerator & Butchers Supply Co. v. Parmalee

The controversy was over an alleged breach of warranty in the sale of a refrigerator. The plaintiff claimed that it was warranted to produce such a degree of cold as to preserve his meats, and that it would not do so, and that he lost considerable meat through spoilage on that account. The plaintiff did not keep any books or other memoranda as to the weights or values of the different pieces of meat that were spoiled from time to time; he did testify, however, to a general recollection on the subject. He testified that there was a period of five hundred and twenty days, net, during which he…