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MARNET HOSIERY MILL, INC. v. GRECO

171 Pa.Super. 168 (1952)

Marnet Hosiery Mill, Inc., Appellant, v. Greco.

Superior Court of Pennsylvania.

July 17, 1952.

Attorney(s) appearing for the Case

Thomas F. Burke, with him Frederic R. Gallagher, for appellant.

John R. Reap, Jr., with him Reap & Reap, for appellee.

Before RHODES, P.J., RENO, DITHRICH, ROSS, ARNOLD and GUNTHER, JJ. (HIRT, J., absent.)

OPINION BY ARNOLD, J., July 17, 1952:

Marnet Hosiery Mill, Inc. brought this action of assumpsit to recover for unfinished hosiery sold the defendant at $7.45 per dozen. The defendant filed an answer alleging a breach of warranty; that the goods were of an inferior quality, and that the defendant immediately reported that fact to the plaintiff. His answer stated his willingness to pay $4.00 per dozen for the merchandise...

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