Ross v. Porteous, Mitchell & Braun Co.

In this action on the case for breach of warranty certified to the Law Court on report, the transcript of the evidence shows that on or about September 24, 1937, the plaintiff visited the defendant’s department store and purchased from a clerk in the feminine hygiene department one or more pairs of dress shields used by women to protect their garments from armpit perspiration. She asked for white “Kleinert’s Onandoff No. Four” shields and was told that they were not carrying that any longer in stock. The clerk then showed her a shield saying that “this new kind, recently marketed, was taking…