Superior Court of Pennsylvania December 14, 1933, Appeal 431 (Moskowitz v. Flock and Flock)

Opinion by

Parker, J.,

This action in assumpsit grew out of an alleged breach of warranty on a sale of yarn by the defendants, Sol M. Flock and Emanuel Flock, partners trading as the Flock Manufacturing Company, to the plaintiff, Ernest Moskowitz, trading as Ermos Hat Company, and involves the right of the buyer to rescind the contract without returning all the goods delivered to the buyer.