Anita Pritchard, Administratrix of the Estate of Otto E. Pritchard, Deceased v. Liggett & Myers Tobacco Company, a Corporation

(concurring) .

I concur in the reversal of the judgment and the -award of a new trial. I believe a new trial is required because the charge of the court did not adequately instruct the jury on the requirements of § 12 of the Sales Act of May 19, 1915, P.L. 543 (69 Purdon’s Pa.Stat.Annot. § 121), which applies to this action, although it has since been superseded by the Uniform Commercial Code (Act of April 6, 1953, P.L. 3, § 2-313, 12A Pur-don’s Pa.Stat.Annot. § 2-313).

In the first place, the charge is inadequate because it gave the jury no explanation of the meaning of § 12 of the Sales Act…