Moskowitz v. Flock and Flock

Opinion by

Parker, J.,

This action in assumpsit grew out of an alleged breach of warranty on a sale of yarn by the defendants, Sol M. Flock and Emanuel Flock, partners trading as the Flock Manufacturing Company, to the plaintiff, Ernest Moskowitz, trading as Ermos Hat Company, and involves the right of the buyer to rescind the contract without returning all the goods delivered to the buyer.

We will summarize the allegations of the statement of claim. On May 24, 1930, plaintiff purchased by sample from the defendants twenty-five pounds of a “very fine grade of imported angora yarn” and thereafter…