COCA-COLA BOTTLING CO., INC. v. SAVAGE

No. 40219.

228 Miss. 612 (1956)

89 So.2d 634

COCA-COLA BOTTLING CO., INC. v. SAVAGE

Supreme Court of Mississippi.

October 1, 1956.


Attorney(s) appearing for the Case

Watts & Colmer, Pascagoula, for appellant.

Robert A. Oswald, Pascagoula, for appellee.


ETHRIDGE, J.

(Hn 1) This is another in a long line of cases based upon the implied warranty of a bottler of a beverage that the beverage bottled and distributed by it is wholesome and fit for human consumption. This implied warranty enures to the benefit of the ultimate consumer. Biedenharn Candy Co. v. Moore, 184 Miss. 721, 186 So. 628 (1939). The appellee, Mrs. Della Savage, who was plaintiff in the court below, obtained a judgment for $500, which we...

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