Tomassi v. Tioga Trust Co.

Opinion by

Linn, J.,

This trial, without a jury, resulted in judgment for plaintiff. Defendant appealed.

1. A Chicago dealer in grapes in transit from California sold to the plaintiff two cars, by the following telegram: “We confirm car Alicante at hundred ten Pacific 1448 shipped twenty-sixth contents 1125 lided lugs net 31550 pounds also car Mataros shipped twenty-third Pacific 11619 Contents 1170 lug net 29135 pounds at ninety government inspection show alicants less than two per cent defects almost perfect and mataros less than four per cent defects absolutely no rot or decay either car…