WILLIAMS v. BRAUM ICE CREAM STORES, INC.

No. 47140.

534 P.2d 700 (1974)

Dorothy L. WILLIAMS, Appellant, v. BRAUM ICE CREAM STORES, INC., a corporation, Appellee.

Court of Appeals of Oklahoma.

Rehearing Denied April 22, 1975.

Certiorari Denied March 14, 1975.

Released for Publication April 24, 1975.


Attorney(s) appearing for the Case

Keller & Fernald, by Paul F. Fernald, Oklahoma City, for appellant.

Fenton, Fenton, Smith, Reneau & Moon, by Ronald L. Day, Oklahoma City, for appellee.


Released for Publication by Order of Court of Appeals April 24, 1975.

REYNOLDS, Judge:

Plaintiff-appellant brought this action against defendant-appellee for breach of implied warranty of merchantability. Defendant's Motion for Summary Judgment was granted. Plaintiff appeals from that ruling.

The trial court held that a cherry seed or pit found in ice cream made of natural red cherry halves was a substance...

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