Steinhardt v. Consolidated Grocery Co.

Citations

• 80 Fla. 531

Syllabus

<p>1.. In an action for damages for breach of a warranty a plea which avers that the parties had.agreed to settle by arbitration any differences arising from the transaction is bad1 because the averred agreement is an attempt to settle by arbitration the right to maintain an action for breach of contract and thus oust the courts of their jurisdiction.</p> <p>2. In an action for damages for breach of an implied warranty that a certain feeding stuff sold to plaintiff did not contain Rice Hulls, pleas averring that the commodity was sold to the plaintiff under a complete description and specification and that the goods met in every particular the description and specification set forth in the contract of sale set up a good defense.</p> <p>3. There' is no implication of warranty in conflict with the express terms of the agreement.</p>