Del Gaizo Distributing Corp. v. Gallagher

Opinion by

James, J.,

This is an action of assumpsit to recover the value of 35 cases of tomato paste stored by plaintiff in defendant’s warehouse, which defendant refused to deliver upon demand. At the trial the court gave binding instructions for defendant and later refused plaintiff’s motion for judgment n. o. v., or a new trial.

The agreed statement of facts, in lieu of printing the record, is substantially as follows: On September 30, 1933, defendant issued and delivered to plaintiff two warehouse receipts for a total of 600 cases, and on October 2, 1933, four warehouse receipts for a total…