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ALEX J. MANDL, INC. v. SAN ROMAN

No. 9572.

170 F.2d 839 (1948)

ALEX J. MANDL, Inc. v. SAN ROMAN et al.

United States Court of Appeals Seventh Circuit.

Rehearing Denied December 13, 1948.

Attorney(s) appearing for the Case

Nat M. Kahn and Max C. Liss, both of Chicago, Ill., for appellant.

Ben W. Heineman and Joseph D. Block, both of Chicago, Ill. (Swiren Heineman & Antonow, of Chicago, Ill., of counsel), for appellees.

Before MAJOR and MINTON, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Plaintiff's suit to recover damages from defendants, incurred, as it claims, because of defendants' breach of implied warranty to deliver merchantable goods, after trial by the court without a jury, resulted in a judgment in its favor for $9708.18 and costs. Upon appeal defendants assign various errors but, in view of our conclusion, we think it unnecessary to notice any other than the one alleging an erroneous finding by the District Court...

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