Bailey Trading Co. v. Levy

This action is for damages for the breach of a general warranty, as provided by section 1771 of the Civil Code, that a certain quantity of milo purchased by plaintiffs from defendant was, at the time of said sale, in a sound and merchantable condition.

The defendant demurred to the first amended complaint on both general and special grounds, and the court sustained the demurrer, without leave to amend, and thereupon rendered judgment dismissing the action.

This is an appeal by the plaintiffs from said judgment.

The complaint, as amended, alleges:

“That at the City of Corning, in the County of…