Standard Packaging Corp. v. Continental Distilling Corp.

OPINION

JOSEPH S. LORD, III, District Judge.

In this diversity action, plaintiff sued for the price of goods sold to defendant. Defendant counterclaimed, alleging breach of the implied warranties of merchantability and of fitness for a particular purpose. Uniform Commercial Code, 12A P.S. §§ 2-314, 2-315.

Plaintiff proved simply the book account and rested, whereupon defendant offered its proof, following which we granted plaintiff’s motion for a directed verdict. Defendant has moved for a new trial. Viewing all the evidence in the light most favorable to defendant, the following are the facts:

Th…