Defendant also appeals from an order denying his motion for a new trial on the ground of newly discovered evidence. The action was for a breach of warranty in the sale and delivery of apples. Defendant expressly warranted the apples to be free from decay and worm holes, and not cider apples. The condition of the disputed apples was an issue of fact which the jury resolved in favor of the plaintiff from conflicting testimony. There was evidence that all the disputed apples...
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