Vassallo v. Sabatte Land Co.

This is an appeal from a judgment in favor of the respondent, Florence E. Vassallo, for personal-injuries sustained when a bottle of milk delivered by the appel lants broke in her hands. The complaint alleged two causes of action: the first based on the negligence of the appellants ; the second cause on breach of implied warranty. The trial court, sitting without a jury, found that the appellants were not negligent, and found in favor of the respondent on the second cause of action.

Appellants here contend that: (1) there was no implied warranty by appellants to the respondent; (2) there was…