Rodd v. W. H. King Drug Co.

CLARK, Judge.

Since all of the evidence supports the finding by the jury that there was a breach of warranty in that there was a defect in the color enlarger purchased by plaintiff from defendant for use in her commercial photography business, we find that the primary question before this Court relates to damages. The defendant assigns error in the charge of the court on the damage issue and the denial of the defendant’s motion to set aside the verdict.

In her complaint plaintiff alleged damages as follows:

“(15) That, because of defendant’s breaches of warranty and failure to take such steps as…