DELO AUTO SUPPLY v. TOBIN


198 Misc. 601 (1950)

Delo Auto Supply, Inc., Plaintiff, v. John B. Tobin, Defendant.

Municipal Court of the City of Syracuse.

August 10, 1950.


Attorney(s) appearing for the Case

Daniel C. Jaquint for plaintiff.

Max Osofsky for defendant.


SKERRITT, J.

The plaintiff, an auto parts distributor, has brought this action to recover the purchase price of a clutch disc lining sold to defendant for use in a Mack truck. The defense is an alleged breach of an implied warranty of fitness, with a counterclaim for damages. The parties regard this as a test case in the auto parts business.

From the evidence I find the facts to be as follows: Plaintiff...

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