Stokes v. Edwards

An understanding of the precise nature of the cause of action upon which the judgment has been rendered is indispensable to a determination of the validity of the assignments of error.

When it is construed with a proper degree of liberality, the complaint states two causes of action alternative in nature, to wit: (1) A primary cause of action for damages for breach of an implied warranty that the fourteen oil burners were reasonably fit for the particular use of curing tobacco; and (2) a secondary cause of action for breach of an express contract, i.e., the agreement of October 18, 1946, by…