BERLO VENDING CO. v. SEALRIGHT CO., INC., ET AL.


88 Pa. D. & C. 401 (1954)

Berlo Vending Company v. Sealright Company, Inc., et al., etc.

Common Pleas Court of Philadelphia County, Pennsylvania.

March 22, 1954.


Attorney(s) appearing for the Case

Arlin M. Adams and Earl G. Harrison, for plaintiff.

Ned Stein, Aaron Small and J.B.H. Carter, for defendants.


FLOOD, J., March 22, 1954.

The complaint in this case, based upon a breach of warranty, was brought in the alternative against defendant Sealright Company, Inc., as manufacturer of the paper cups purchased, and defendants Soiffer and Small as partners, trading as Spartan Paper and Supply Co., as selling agent for Sealright. Spartan filed an answer which included as new matter an averment that any liability which might exist in the matter rests solely upon the other...

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