Tornello v. Deligiannis Brothers, Inc

KERNER, Circuit Judge.

C. Tornello, plaintiff, sued defendant to recover the purchase price paid for 58 boxes of cheese, and for expenses arising out of an , alleged breach of warranty in that the cheese was unfit for human consumption. The case was tried by the court without a jury. The trial judge made special findings of fact, pronounced his conclusions of law thereon, and rendered judgment iñ'fávor 'of plaintiff. This judgment, defendant seeks to reverse.

The complaint showed affirmatively the requisite jurisdictional amount and the necessary diversity of citizenship. It alleged that on…