Grunwald v. Halron

Did trial court err in instructing on implied warranty ?

If the conduct of the defendant herein was actionable it would not be for a breach of warranty, but for negligence in pumping fuel oil into the gasoline tank. It was improper to instruct the jury on implied warranty. The plaintiff’s complaint, however, was not defective, for it alleged a cause of action for negligence as well as for implied warranty.

The instructions,1 however, were calculated to elicit answers only to questions of breach of warranty and not as to negligence. They failed to apprise the jury of the duty which defendant…