Montgomery Ward & Co. v. McKesson & Robbins, Inc.

The plaintiff Montgomery Ward & Company, Inc., seeks to recover in this action the sum of $1,466.47 alleging a breach of warranty by the defendant McKesson & Bobbins, Inc., who is also the third-party plaintiff herein. The amount sought represents the value of a certain drug, Begimen Tablets, a trade name. The oral complaint states in substance that such tablets were libelled by the United States Grovernment as in violation of the Pure Food and Drug Act, a Federal statute (U. S. Code, tit. 21, § 301 et seq.). It is conceded that all the Begimen Tablets in the possession of the plaintiff were…