Carrie S. Elledge v. Pepsi Cola Bottling Company

Per CüRiam.

The plaintiff has brought the action against Pepsi Cola Bottling Company of Winston-Salem, North Carolina. The evidence shows the plaintiff bought the drink from Smitherman and Myers. Mr. Myers testified he bought all the Suncrest he ever had from the Pepsi Cola Bottling Company. It was delivered off a truck. “I suppose it was a Pepsi Cola truck but I don’t know. The truck had a driver who wore a uniform, I think; it had ‘Pepsi Cola’ on the uniform, I guess. . . . That is what they usually wear.”

Assuming the evidence is sufficient to warrant the inference the purchase was made from…