Truzzolino Food Products Co. v. F. W. Woolworth Co.

This is on rehearing of an appeal by the F. W. Woolworth Company from a judgment for $5,750 in favor of the plaintiff, the original opinion in which action was rendered on December 31, 1938.

Y. Truzzolino has lived in the city of Butte ever since the year 1895, and during that time has been engaged in the manufacture and sale of tamales. He was engaged in this business as an individual until the year 1935, although in 1933 Truzzolino made an assignment of his business for the benefit of his creditors. In July, 1935, a corporation was formed under the name of “Truzzolino Food Products…