Curtiss Candy Co. v. Johnson

On issue joined between W. I. Johnson, appellee, and the Curtiss Candy Company, appellant, on a declaration alleging a breach of implied warranty, the appellee recovered a judgment against the appellant for three thousand dollars; and an appeal is prosecuted here.

The material facts are that the appellee, Johnson, purchased from W. B. Thomas, a retail dealer, a piece of bar candy labeled “Biaby Ruth Candy, The Curtiss Candy Company. ’ ’ The candy was purchased in Marion county, at a filling station operated by Thomas, who also sold candy and other merchandise. The candy was taken from a large…