Flexmir, Inc. v. Lindeman & Company

The opinion of the court was delivered by

Olipi-iant, J.

This appeal is from the granting of a motion made by the defendant to dismiss the action at the close of plaintiff’s case. Rule 3 :41-2. While the appeal was from the Superior Court, Law Division, Essex County, to the Appellate Division it was certified here on our own motion.

The basic question involved is whether the evidence presented by the appellant, together with the most favorable inferences legitimately to be drawn therefrom, was sufficient to present a jury question as to whether or not there was a breach of an implied warranty on…