Bagwell v. Susman

McALLISTER, Circuit Judge.

The H. Susman Company, appellee partnership, brought a suit against the G. W. Bagwell Preserving Company, appellant herein, for damages arising out of an alleged breach of warranty in the sale of certain food products. It obtained a verdict from a jury and a judgment duly entered thereon, from which this appeal is taken.

The principal defense to the action was that appellee had rescinded the sales contracts in question; that, under the provisions of the pertinent state statute, the Uniform Sales Act, appellee is limited, by way of remedy, to a return of the goods…