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SILVERA v. BROADWAY DEPARTMENT STORE

No. 635-M.

35 F.Supp. 625 (1940)

SILVERA v. BROADWAY DEPARTMENT STORE, Inc. (GEORGE S. BAILEY HAT CO., Third Party Defendant).

District Court, S. D. California, Central Division.

November 23, 1940.

Attorney(s) appearing for the Case

Schell & Delamar, L. W. Frankley, and Joseph H. Wheeler, all of Los Angeles, Cal., for plaintiff.

Jennings & Belcher and Steven Fargo, all of Los Angeles, Cal., for third party plaintiff Broadway Department Store, Inc.

Mills, Hunter, Dunn & Liljestrom, of Los Angeles, Cal., for third party defendant George S. Bailey Hat Co.

NETERER, District Judge.

This is an action on contract to recover damages claimed by the plaintiff for breach of implied warranty on sale of a hat. Assuming implied warranty, the question arises, did the plaintiff give to the defendant sufficient timely notice after he knew, or should have known, of the breach of warranty, and within a reasonable time.

The applicable rule of law is Sec. 1769 of the Civil Code of California 1937, "acceptance does not bar action...

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