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WESCO FOODS CO. v. DE MASE

No. 10629.

194 F.2d 918 (1952)

WESCO FOODS CO. v. DE MASE et al.

United States Court of Appeals Third Circuit.

Decided March 7, 1952.

Attorney(s) appearing for the Case

Harvey A. Miller, Jr., Pittsburgh, Pa. (Miller & Miller, Pittsburgh, Pa., on the brief), for appellants.

Gilbert E. Morcroft, Pittsburgh, Pa., for appellee.

Before GOODRICH and HASTIE, Circuit Judges and HARTSHORNE, District Judge.

GOODRICH, Circuit Judge.

This is a suit to recover damages occasioned by the refusal of the defendants to accept and pay for a carload of tomatoes which they had purchased from the plaintiff. The plaintiff had a verdict in the District Court for the difference between the contract price of the tomatoes and what they brought when sold to another purchaser after the shipment was refused by the buyer. There are only two questions...

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