Rogiers v. Gilchrist Co.

"Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies upon the seller’s skill and judgment, . . . there is an implied warranty that the goods shall be reasonably fit for such purpose.” G. L. (Ter. Ed.) c. 106, § 17 (1). (Sales Act, § 15.)

*545In this action.for breach of an implied warranty of fitness in the sale of a dress by the defendant to the plaintiff at the defendant’s store on May 26, 1939, there was evidence tending to show the following: The salesgirl at the store “offered to…