Burd v. Campbell Hosiery Co., Inc.

Kenvvorthey, J.,

Opinion by

We shall state only the facts essential to- an understanding and consideration of the narrow issue presented by this appeal.

Both parties were guilty of a breach of contract. The action was to recover the market value of 1030 dozen pairs of silk stockings belonging to plaintiff and which defendant refused to deliver on demand. The court found defendant guilty of a conversion of the stockings, that their market value at the time of the conversion (plus a small amount of silk belonging to plaintiff which was unused) was $5686.33. It made a finding in favor of plaintiff…