Landow Co., Inc. v. Maisano

The plaintiff brought this action upon the common counts to recover for seven carloads of grapes, claimed to have been sold to the defendant in the autumn of 1933. The court, after hearing the evidence, concluded that the grapes were not purchased by the defendant but by Andrew Cimino; that the defendant was not a partner of Cimino; that he did not order the grapes or either expressly or by implication agree to pay for them, and rendered judgment for the defendant. The facts found by the trial court, upon which it reached these conclusions, are as follows: Samuel Landow is president and…