FRANK R. JELLEFF, INC. v. BRADEN

No. 12768.

233 F.2d 671 (1956)

FRANK R. JELLEFF, Inc., Appellant, v. Blanche K. BRADEN, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 20, 1956.


Attorney(s) appearing for the Case

Mr. Paul R. Connolly, Washington, D. C., with whom Mr. Francis L. Casey, Jr., Washington, D. C., was on the brief, for appellant.

Mr. Joseph S. McCarthy, Washington, D. C., with whom Mr. Wilbert McInerney, Washington, D. C., was on the brief, for appellee.

Before PRETTYMAN, BAZELON and DANAHER, Circuit Judges.


DANAHER, Circuit Judge.

This appeal follows a judgment entered pursuant to a jury verdict for $65,000 damages against a retail dealer in women's clothing. The action was based upon an alleged breach of warranty of fitness.1 The appellee on January 6, 1952, had purchased a finger-tip or hip length "brunch" coat or smock from the appellant. She wore the garment only two or three times since it bore a "metallic" odor which she found "objectionable...

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