Frank R. Jelleff, Inc. v. Blanche K. Braden

DANAHER, Circuit Judge.

This appeal follows a judgment entered pursuant to a jury verdict for $65,-000 damages against a retail dealer in women’s clothing. The action was based upon an alleged breach of warranty of fitness. 1 The appellee on January 6, 1952, had purchased a finger-tip or hip length “brunch” coat or smock from the appellant. She wore the garment only two or three times since it bore a “metallic” odor which she found “objectionable.” On March 6, 1952, she had remained home due to a minor illness and while preparing a meal, the smock came in contact with the outer ring or rings…