Lamborn v. Northern Jobbing Co.

EVAN A. EYANS, Circuit Judge.

This action was brought to recover damages for breach of warranty in the sale of 15,000 bags, 100 pounds each, of fine granulated sugar. A general verdict in favor of the plaintiff for $46,200 was followed by the entry of a judgment for this sum. The only assignment of error argued involves the court’s ruling upon the measure of damage.

Defendant’s theory was that its liability, if any existed, was limited to the difference in the New York market value of sugar as represented and the sugar actually delivered. Plaintiff, .while accepting this rule as a general one,…