MOSCAHLADES BROS., INC. v. MALLARS & COMPANY

No. 12408.

263 F.2d 631 (1959)

MOSCAHLADES BROS., INC., Plaintiff-Appellant, v. MALLARS & COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

February 19, 1959.


Attorney(s) appearing for the Case

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

Louis Dennen, Chicago, Ill., Chris D. Toulon, Chicago, Ill., for defendant appellee.

Before DUFFY, Chief Judge, and SCHNACKENBERG and HASTINGS, Circuit Judges.


DUFFY, Chief Judge.

This action was brought to recover the sum of $3,336.80 as the purchase price of a shipment of Italian Romanello cheese. The defense was that the cheese delivered was "unfit for human consumption" and was rejected. The trial court found generally in favor of the defendant, but entered judgment against the defendant for $78.41 on the basis that defendant had accepted and resold two cases of the shipment of cheese in controversy.

Defendant...

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