Tidlund v. Seven Up Bottling Co.

Plaintiff sued two defendants—the bottler and the retail vendor of a bottle of Seven Up—for breach of warranty of merchantability and fitness for intended use. The jury returned a verdict in favor of both defendants, and plaintiff has appealed from the judgment and from the order denying her motion for judgment notwithstanding the verdict.

According to plaintiff’s testimony, on May 20, 1955, she opened a fresh bottle of Seven Up which she had allegedly purchased from defendant Jack Huey. She stated that she poured half of the contents into a glass and proceeded to drink it, noticing nothing…