Vallis v. Canada Dry Ginger Ale, Inc.

This is an appeal from a judgment of nonsuit as to the plaintiff’s second and third causes of action which were based on alleged implied warranties. The evidence which was before the trial court is embodied in a settled statement prepared pursuant to rule 7 of the Rules on Appeal. That statement is “limited to the oral testimony applicable to the correctness of the ruling of the trial judge in granting” the motion for nonsuit. Portions thereof are set forth in the margin.

Two problems are presented on this appeal. The first is whether there was an implied warranty with respect to the condition…