State Ex Rel. Jones Store Co. v. Shain

Original proceeding in certiorari to review, for alleged conflict, the opinion of the Kansas City Court of Appeals in Marra, plaintiff-respondent, v. Jones Store Co., defendant-appellant, 170 S. W. (2d) 441. The action is one for damages for breach of an implied warranty in the sale of a colored blouse by relator to plaintiff. Plaintiff recovered judgment for $3,000.00, which, on appeal, was affirmed by the respondents, one judge dissenting.

Relator claims conflict in the holding that there was an implied warranty of suitability, and in the further holding that the evidence was sufficient to…