PHILLIPS v. WHELAN DRUG CO., INC.


82 Pa. D. & C. 99 (1952)

Phillips v. Whelan Drug Company, Inc.

Common Pleas Court of Lackawanna County, Pennsylvania.

April 23, 1952.


Attorney(s) appearing for the Case

Alphonsus L. Casey, for plaintiff.

O'Malley, Harris, Harris & Warren, for defendant.

Before Hoban, P.J., Eagen and Robinson, JJ.


ROBINSON, J., April 23, 1952.

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...

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