Smith v. Pizitz of Bessemer, Inc.

STAKELY, Justice.

This is an appeal from a nonsuit induced by a ruling of the trial court, the Circuit Court of Jefferson County, Bessemer Division, sustaining defendant’s demurrer to the complaint and each count thereof separately and severally.

Cordy Gwin Smith (appellant) brought an action against Pizitz of Bessemer, Inc. (appellee), seeking damages for personal injuries suffered as a result of the breach of an implied warranty of fitness of a nightgown which plaintiff had purchased from the defendant. The complaint was amended by substituting in lieu of the original complaint Counts A, B…