Zirpola v. Adam Hat Stores, Inc.

The opinion of the court was delivered by

Hetfield, J.

This action was instituted in the Supreme Court for the breach of an implied warranty arising out of the provision of section 15 of the Sale of Goods act, Pamph. L. 1907, p. 316; R. S. 46:30-21, subdivision (1) of which provides: “Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller’s skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably…