Frank R. Jelleff, Inc. v. Pollak Bros., Incorporated

SWYGERT, Chief Judge.

This is an action for consequential damages resulting from a breach of an implied warranty of fitness in the sale of a “brunch coat” or smock by the defendant to the plaintiff Frank R. Jelleff, Inc. (hereinafter called Jelleff) on December 5, 1951.

Plaintiff Liberty Mutual Insurance Gompany, at all times material hereto, was the public liability insurer of Jelleff.

The defendant Poliak Bros., Inc. (hereinafter called Poliak) is a manufacturer of ladies’ clothing. Its plant and principal offices are in Fort Wayne, Indiana. Jelleff owns and operates a retail store in the…