Friedman v. Kennedy

Felton, Justice.

Louis Friedman filed his complaint against Royal-Crown Bottling Company, a partnership, seeking to recover damages for alleged personal injuries. Count 1 alleged that the defendants had impliedly warranted to the plaintiff that the bottle of carbonated beverage was merchantable and reasonably suited to the use intended and that the defendants knew of no latent defects undisclosed, to wit: that the carbonated beverage was a mixture suitable for human consumption and would not cause its container to explode or fragment. Count 2 alleged that the defendants impliedly warranted to…