Bel v. Adler

It is my opinion that the facts alleged in the petition now before the court distinguish this case from those cases wherein the buyer of a patented or well-known article of merchandise in a sealed container from a retailer brings suit against such retailer for damages resulting from a breach of an implied warranty as to the suitability and fitness of the article. The present case is based on an express warranty or direct representation of a fact by an agent of the sellers. The words of the defendant’s saleslady, with which the defendant was chargeable, amounted to an express warranty and a…