TORNELLO v. DELIGIANNIS BROTHERS

No. 10010.

180 F.2d 553 (1950)

TORNELLO v. DELIGIANNIS BROTHERS, Inc.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 7, 1950.


Attorney(s) appearing for the Case

Harold A. Fein, Chicago, Ill., George A. Gordon, Chicago, Ill., for appellant.

Amos J. Coffman, Eugene T. Devitt, Chicago, Ill., for appellee.

Before KERNER, FINNEGAN, and SWAIM, Circuit Judges.


KERNER, Circuit Judge.

C. Tornello, plaintiff, sued defendant to recover the purchase price paid for 58 boxes of cheese, and for expenses arising out of an alleged breach of warranty in that the cheese was unfit for human consumption. The case was tried by the court without a jury. The trial judge made special findings of fact, pronounced his conclusions of law thereon, and rendered judgment in favor of plaintiff. This judgment, defendant seeks to reverse.

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