Silverman v. Samuel Mallinger Co.

Opinion by

Mr. Justice Chidsey,

This is an action in assumpsit for damages brought by Alvin Silverman, trading and doing business as Howard’s Food Products, hereinafter called Silverman, for alleged breach of an express warranty. Plaintiff pleaded three alternative causes of action: (1) against Samuel Mallinger Co., a corporation, hereinafter called Mallinger, averring a sale to the plaintiff by Mallinger in its own behalf, with an express warranty by Mallinger in its own name, (2) against Knox Glass Associates, Inc., hereinafter called Knox, averring a sale to plaintiff by Mallinger as agent…