J.F. Daley Intl., Ltd. v. Container

CRAHAN, Judge.

Defendant Midwest Container and Industrial Supply Co. (“Midwest”) appeals from an adverse judgment for $7,907.57 following a non-jury trial in an action brought by Plaintiff J.F. Daley International, Ltd. (“Daley”) based on Midwest’s alleged breach of implied warranties of merchantability and fitness for a particular purpose in connection with Midwest’s sale of 25,000 plastic bottles to Daley. Midwest’s principal contention on appeal is that the judgment is not supported by substantial evidence and erroneously applies the law because the uncontroverted evidence establishes that…