Olney v. Beaman Bottling Company

■Mr.'-Special- Justice William J. Harbison

delivered tlie opinion of the Court.

This is a suit by a consumer against a processor of bottled drinks seeking to recover upon a theory of breach of-implied warranty. The trial judge sustained the demurrer and'’dismissed the' suit. For convenience the parties will be referred to as they appeared in the trial court.

Initially the plaintiff sued the retailer of the product, Cooper-Martin, Inc.,- as well as the processor, Beaman Bottling Company: The plaintiff later took a voluntary non-suit as'to the retailer, however, so that its liability, if any, is…