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TRAYNOR v. WALTERS

May 15, 1972

David R. TRAYNOR, Plaintiff,
v.
George A. WALTERS and Ruth Walters t/d/b/a Riverview Nursery, Defendants


Muir, District Judge.


The opinion of the court was delivered by: MUIR

MUIR, District Judge.

 I. FINDINGS OF FACT

 1. Plaintiff David R. Traynor ("buyer") was a citizen of New York at the time of the commencement of this action.

 2. Defendants George A. Walters (deceased) and Ruth Walters ("sellers") were citizens of Pennsylvania at the time of the commencement of this action.

 4. In 1967, the buyer was a wholesaler of Christmas trees who had supplied New York City florists on a small scale for several years.

 5. In 1967, the sellers were growers of Christmas trees in central Pennsylvania.

 6. In the fall of 1967, the buyer and the sellers entered into a contract under which buyer agreed to buy and sellers agreed to sell a quantity of Christmas trees for delivery in December, 1967.

 7. The sellers warranted that the trees to be delivered under the contract would be of top quality.

 8. The sellers knew at the time of contracting that the buyer intended to resell the trees to quality florists in New York City and that the buyer would suffer lost profits on the sellers' failure to perform the contractual terms relating to quantity, quality and time of delivery. 9. On September 17, 1967, the sellers, by defendant Ruth Walters, filled out and signed a purchase order blank for 1630 trees of various sizes, species and prices and received a down payment of $170.00 from the buyer toward the purchase price of $2,517.00. The initial contract called for the following trees: 100 Austrian Pine at $1.20 1300 Scotch Pine at $1.20 50 Scotch Pine 3-4 ft. at $1.00 20 Small White Spruce at $1.00 90 White & Norway at $2.25 40 Douglas Fir at $5.00 20 Colorado Blue Spruce (green) at $3.50 10 Colorado Blue Spruce (blue) at $5.00

19720515

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