Kopanica v. Levata

Peter Kopanica, a wholesale dealer in oysters, sues Anthony Levata, a retailer, for payment for seventy-three sacks of oysters at $1.50 per sack, amounting to a total of $109.50. Defendant admits receipt of the oysters and that the price, $1.50 per sack, is correct, but avers that each sack delivered was, short in measure, and, in a reconventional demand, claims- that prior to the deliveries sued for he had purchased many sacks of oysters from plaintiff, and that each sack delivered to him between December 29, 1928, and September 18, 1929,, had been short to some extent, and that the total…