TIDLUND v. SEVEN UP BOTTLING CO.

Docket No. 22394.

154 Cal.App.2d 663 (1957)

316 P.2d 656

ANNA TIDLUND, Appellant, v. SEVEN UP BOTTLING COMPANY OF LOS ANGELES, INC. (a Corporation) et al., Respondents.

Court of Appeals of California, Second District, Division Two.

October 23, 1957.


Attorney(s) appearing for the Case

N.E. Youngblood for Appellant.

Dryden, Harrington, Horgan & Swartz and Vernon G. Foster for Respondents.


FOX, J.

Plaintiff sued two defendants — the bottler and the retail vendor of a bottle of Seven Up — for breach of warranty of merchantability and fitness for intended use. The jury returned a verdict in favor of both defendants, and plaintiff has appealed from the judgment and from the order denying her motion for judgment notwithstanding the verdict.

According to plaintiff's testimony, on May 20, 1955, she opened a fresh bottle of Seven Up which...

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