Buck v. Jones Bakery, Inc.

This is a motion by defendant to require plaintiff to serve an amended complaint on the ground that two causes of action have been improperly united.

The complaint sets forth two causes of action separately stated and numbered. Plaintiff seeks to recover damages alleged to have been suffered through his purchase and consumption of an impure loaf of bread. The first cause of action is based upon alleged negligence in the manufacture and sale of the bread; the second is based upon an alleged breach of warranty in the manufacture and sale of the same.

The repeal of former section 258 of the Civil…