Wagner v. Roche Laboratories

The principal issue presented is whether Roche was sufficiently prejudiced by the trial court’s instruction on breach of express warranty so that the trial court erred in denying Roche’s motion for a new trial. For the following reasons, we reverse the judgment of the court of appeals on this issue and reinstate the judgment of the trial court denying a new trial to Roche.

“An express warranty is an affirmation of fact by the seller as to a product or commodity to induce the purchase thereof, on which affirmation the buyer relies in making the purchase.” Rogers v. Toni Home Permanent Co.…