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DAVIS v. RADFORD

No. 96.

63 S.E.2d 822 (1951)

233 N.C. 283

DAVIS, Adm'r v. RADFORD et al.

Supreme Court of North Carolina.

March 7, 1951.

Attorney(s) appearing for the Case

Francis J. Heazel and Harkins, Van Winkle, Walton & Buck, all of Asheville, for plaintiff, appellee.

Smathers & Meekins, Asheville, for defendant, appellant.

DEVIN, Justice.

The appeal is from a judgment in the court below overruling the demurrer of defendant Dr. T. C. Smith Company to the answer and cross-complaint of defendant Radford. Briefly stated, the pleadings present this picture: Defendant Radford, a retail merchant, having been sued by a customer for breach of the implied warranty of wholesomeness and consequent damage in the sale of an article for human consumption, known as "Westsal," has had Dr. T. C. Smith...

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