Mickles v. Atlantic Brokerage Co.

Hubbs, P. J.:

The plaintiffs are copartners engaged in the wholesale and retail grocery business. The defendant is a corporation acting as a fruit broker. This action is to recover the damages suffered by the plaintiffs because of the defendant’s breach of an implied warranty.

Plaintiffs allege that the defendant, acting through Richard Schuetze, its general manager, represented to them that it had authority to sell two cars of California grapes; that the plaintiffs purchased the grapes, relying upon the defendant’s authority to sell them upon the terms stated; that the defendant did not have…