Lombardi v. California Packing Sales Company

These two actions in assumpsit were brought by a husband and wife respectively to recover damages from a wholesaler upon its alleged breach of an implied warranty in relation to certain apricot juice which it had distributed in an original sealed container to a retailer and which was bought and consumed by the plaintiff wife. In the superior court a justice thereof sustained the defendant’s substantial demurrer to the second amended declaration and each case is here on the plaintiff’s exception to such ruling.

The declarations in both cases are essentially the same with the exception that the…