Paw-Paw Co-Operative Ass'n v. Sgarlatta

Opinion by

Cunningham, J.,

Appellant was plaintiff below in an action of assumpsit wherein it sought to enforce -against defendant, the owner of a retail fruit business in the City of Johnstown, a contract for the sale of a carload of grapes, the entire contents of which defendant, upon inspection several days after the -arrival of the car at Johnstown, refused to accept. The foundation of the contract was a verbal order and the value of the grapes was $533.62. The contents of the car were sold by the carrier and the proceeds applied to payment of freight and demurrage charges. No earnest had…