Perry v. Thrifty Drug Co.

This is an appeal from a judgment entered in defendants’ favor rendered by the trial court sitting without a jury. The plaintiff’s action was for damages for personal injuries arising out of the use of a patent medicine which was manufactured by defendant Chemway Corporation and sold to the plaintiff by defendant Thrifty Drug Company.

The plaintiff, in his complaint, asserted four causes of action as follows: (1) breach of oral warranty by the drug company; (2) breach of implied warranty by the manufacturer; (3) breach of implied and expressed warranties by both defendants; and (4) negligence…