Smith v. Taratus

My review of the record in this case leads me to the conclusion that the trial court properly directed a verdict for the defendant with respect to Count 1 which was based upon an alleged express warranty.

The evidence shows that following Leila Smith’s visit to his office, Dr. Taratus wrote a letter to the patient’s parents setting forth a schedule of charges for Leila’s treatment. Nothing in the letter could be construed as making any representations as to the results of the forthcoming orthodontic treatment. Therefore, the only evidence supporting the alleged express warranty is the…