Whitethorn v. Nash-Finch Co.

WARREN, J,

(concurring specially). I agree to the reversal of the order entered by the Circuit Court overruling the demurrer. My reasons are based on the absence of allegations to the effect that respondent relied upon it as to skill or judgment. The pleadings are not sufficient to charge the appellant with implied warranty, and we must therefore assume that there is no liability of the appellant. There is no language in the complaint showing any contractual relationship between the respondent and appellant. Appellant therefore must be regarded as a mere stranger as there is not privity of…