Respondent shall recover of appellant $60 costs and disbursements of this appeal. In this action for goods sold and delivered, defendant claims that the goods in question, surgical gloves, were unmerchantable and unfit for the use for which they were intended. No claim was ever raised concerning the purchase and defendant did not return or offer to return the gloves. The majority is convinced that in opposing this motion defendant failed to assemble, lay bare and reveal its...
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