Jacobs Pharmacy Company, Inc. v. Gipson

Dejen, Judge.

1. This action is proceeding on two theories which are here discussed separately, both as to the demurrer and summary judgment rulings. Taking Count 3 first, the question is whether an actionable tort is alleged. It is apparent that her mother in purchasing the drug acted as the plaintiff’s agent so that her acts are imputable to the plaintiff, but also that she did not tell her daughter the employee did not actually fill the prescription but instead gave her a packaged article which he described as the “same thing.” Code § 105-1103 provides: “If a vendor of drugs and medicines,…