Davis v. Hodin

Opinion by

Gunther, J.,

This is an action in assumpsit by a seller to recover the purchase price of cheese, less credit for amounts realized by the seller in minimizing damages after the defendant buyers had rescinded and returned most of the goods. The jury rendered a verdict for the defendants. The plaintiff’s motion for judgment n.o.v. was refused by the court below and plaintiff has appealed.

The jury verdict has admittedly, for the purpose of this appeal, determined the questions of blame for deterioration of the cheese and adequate notice of rescission in favor of the defendants. The…