HOWARD STORES CORP. v. POPE


1 A.D.2d 659 (1955)

Howard Stores Corporation et al., Respondents, v. Clarence Pope, Doing Business as Colonial Service Floor Scraping and Waxing Company, et al., Defendants, and Prospect Floor Supply Co., Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 13, 1955


In order to state a cause of action plaintiffs would have to allege that Pope, because of ignorance on his part of the inflammable nature of the material, was induced to forego precautions that he would have taken had the cans been properly labeled. The present complaint lacks a definite allegation to that effect. Although the court has twice pointed out the defect, it is still present in this, the third complaint. Accordingly, the second amended complaint is dismissed without...

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