Thomason v. Ballard & Ballard Co.

Tbe only question presented by this appeal is whether there was error in tbe refusal of tbe trial court to allow defendant’s motion, at tbe close of all tbe evidence, for judgment as of nonsuit.

During tbe progress of tbe trial tbe plaintiff took a voluntary nonsuit on bis first cause of action. He thereby abandoned bis contention tbat tbe defendant was negligent with respect to tbe manufacture or packing of tbe flour which be bad purchased from tbe City Grocery Company. His contention thereafter was tbat tbe defendant was liable to him, as tbe consumer of the flour, on an implied warranty…