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DULEY v. COCA-COLA BOTTLING CO. OF ST. LOUIS, MO.

No. 27952.

232 S.W.2d 801 (1950)

DULEY v. COCA-COLA BOTTLING CO. OF ST. LOUIS, MO.

St. Louis Court of Appeals. Missouri.

September 19, 1950.

Attorney(s) appearing for the Case

Moser, Marsalek, Carpenter, Cleary & Carter, Lee M. Carter and Robert G. McClintock, all of St. Louis, for appellant.

Wilbur C. Schwartz and Harry M. James, St. Louis, for respondent.

McCULLEN, Judge.

This suit was brought by plaintiff to recover damages on account of an alleged breach of warranty by defendant in the sale of a bottle of Coca-Cola beverage manufactured by it. A trial before the court and a jury resulted in a verdict and judgment for plaintiff in the sum of $1,000.00. The trial court ordered a remittitur of $800.00 and plaintiff remitted said sum, whereupon the court entered a judgment in favor of plaintiff in the sum of $200.00...

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