Golaris v. Jewel Tea Co.

JULIUS J. HOFFMAN, District Judge.

This is an action brought by the plaintiff, Betty Golaris, against the defendant, Jewel Tea Co., Inc., for breach of a warranty of fitness of certain food for human consumption. The case is before the court on the defendant’s motion to strike the complaint for failure to state a claim upon which relief can be granted. The motion will be treated as a motion to dismiss the complaint under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. Boerstler v. American Medical Association, D.C.N.D. Ill.1954, 16 F.R.D. 437.

The complaint alleges that on April…