MARTIN v. J.C. PENNEY CO.

No. 34189.

50 Wn.2d 560 (1957)

313 P.2d 689

DAVID MARTIN, a Minor, by his Guardian ad Litem, Louella Martin Kane, Respondent, v. J.C. PENNEY COMPANY, Appellant.

The Supreme Court of Washington, Department One.

July 11, 1957.


Attorney(s) appearing for the Case

Ogden & Ogden, for appellant.

Everett O. Butts and A.A. Samboni, for respondent.


OTT, J.

On or about March 21, 1955, Mrs. Louella Martin Kane, mother of David Martin, purchased a long-sleeved shirt from the J.C. Penney Company store at Everett, Washington. At the time of the purchase, she advised the clerk that she wanted the shirt as a birthday present for her fifteen-year-old son. The clerk informed her that the shirts on the table were the type being purchased for boys of that age. Mrs. Kane selected one.

On the morning of April 5,...

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