Marshak v. Fontana

Plaintiff seeks to recover from defendant on a bank check in the sum of $460 whiek represented the balance due. on a carload of pears purchased by the defendant from the plaintiff. A counterclaim was filed by the defendant alleging that plaintiff orally warranted and represented that said carload of pears was sound and not decayed and were fit for human consumption and that said pears would keep for more than 15 days after the date of purchase. The pleaded facts were sufficiently traversed and damages were alleged in the sum of $800. On these issues the case was submitted to the jury and a…