Comstock v. Coronet Heating Supply Co.

From an order dismissing defendant’s second amended cross-complaint after sustaining of a demurrer thereto with leave to amend, of which leave' defendant did not avail itself, defendant appeals.

Facts: Defendant filed a second amended cross-complaint in two causes of action,* the first cause of action predicated upon plaintiff’s breach of a contract giving defendant the exclusive right to sell plaintiff’s product in a given area; the .second cause of action predicated upon the theory that plaintiff had breached its warranty with defendant guar*601anteeing that merchandise purchased from plaintiff…