Phillips v. Whelan Drug Co.

Robinson, J.,

This is an action in assumpsit. Plaintiff alleged a breach of warranty of fitness for use growing out of the sale of a cosmetic bleaching cream. The jury returned a verdict for plaintiff, awarding $400 damages, and defendant moved for a new trial and judgment n. o. v.

Viewing the evidence in the light most favorable to plaintiff the facts are: Defendant operates a retail drug store on Lackawanna Avenue in the City of Scranton. On November 2, 1950, plaintiff entered defendant’s store to secure a cosmetic to bleach her skin. The cosmetic department of the store was in charge of one…