Philip L. Zuckerman, D/B/A Atlantic Motor Products Co. v. Berg Manufacturing and Sales Company, a Corporation

KNOCH, Circuit Judge.

Plaintiffs’ * complaint, in four counts, prayed $10,500 damages resulting from alleged false statements on which plaintiff relied, breach of contract, and breach of express and implied warranties. All four counts incorporate the same basic statements of facts.

Plaintiffs alleged that defendant’s representative, Joseph Berg, told plaintiff Philip L. Zuckerman that defendant had purchased, from The White Motor Company, one lot of surplus Weatherhead fittings and parts, which consisted of all of the items in a printed list published by White, August 9, 1955, known to the…