Federal Rubber Co. v. King

The decision of this case in the court below depended entirely upon the construction of the contract, and the plaintiff in error insists that the trial judge erred in two respects in the construction which he gave it. We are of the opinion that the judge properly construed the contract, and that the evidence as a whole amply supports the finding, of the jury. The plaintiff sought to recover for breach of an express warranty alleged to have been made by an agent of the defendant. There is no dispute that the warranty was made. The two real questions in the case are: (1) Was the Dunham Rubber…