Bel v. Adler

(After stating the. foregoing facts.) 1. Construing the petition most strongly against petitioner, it is a purported suit for damages for a breach of an express or implied warranty of goods manufactured by a reputable manufacturer, sold by a retailer in an original, perfect-appearing package, of a suit based on negligence. No wilfulness or intention to deceive is alleged. The suit is not predicated upon the contention that there was a breach of an implied warranty that the goods were manufactured by a reputable manufacturer. It appears from the petition as construed against the plaintiff that…