Rogers v. Toni Home Permanent Co.

OPINION

By SKEEL, J;

This appeal comes to this Court on questions of law from a judgment entered for the defendant by sustaining a demurrer to the second and third causes of action of the plaintiff’s second amended petition seeking damages for breach of an alleged express warranty as set out in the second cause of action and of an implied warranty as claimed in the third cause of action. After the demurrer was sustained, the plaintiff not desiring to plead further, the court entered judgment for the defendant on the second and third causes of action. The petition of the plaintiff is based on a…