Ford v. Barnard, Sumner & Putnam Co.

This is a bill of exceptions in an action of contract in two counts for breach of express and implied warranties of fitness and merchantability in the sale of a cosmetic product. The trial judge in the Superior Court at the close of the evidence denied the defendant’s motion for directed verdicts. The defendant took exception to the judge’s ruling and the jury returned verdicts for the plaintiff.

In January, 1969, the plaintiff went to the cosmetic department of the defendent’s store and asked a sales person for “Genava” cream, a facial cosmetic which had been advertised in a Sunday newspaper…