STANDARD PACKAGING CORP. v. CONTINENTAL DISTIL. CORP.

Civ. A. No. 32730.

259 F.Supp. 919 (1966)

STANDARD PACKAGING CORPORATION v. CONTINENTAL DISTILLING CORPORATION.

United States District Court E. D. Pennsylvania.

November 2, 1966.


Attorney(s) appearing for the Case

Strong, Barnett & Grasberger, by Edwin B. Barnett, Philadelphia, Pa., for plaintiff.

Gratz, Sperling & Spiegel, by Robert J. Spiegel, Philadelphia, Pa., for defendant.


OPINION

JOSEPH S. LORD, III, District Judge.

In this diversity action, plaintiff sued for the price of goods sold to defendant. Defendant counterclaimed, alleging breach of the implied warranties of merchantability and of fitness for a particular purpose. Uniform Commercial Code, 12A P.S. §§ 2-314, 2-315.

Plaintiff proved simply the book account and rested, whereupon defendant offered its proof...

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