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ROBT. H. CARR & SONS, INC. v. YEARSLEY

No. 104.

31 Pa. D. & C. 2d 262 (1963)

Robert H. Carr & Sons, Inc. v. Yearsley

Common Pleas Court of Chester County, Pennsylvania.

January 31, 1963.

Attorney(s) appearing for the Case

Rogers & O'Neill, for plaintiff.

Gawthrop & Greenwood, for defendants.

GAWTHROP, P. J., January 31, 1963.

Defendants filed a preliminary objection in the nature of demurrer to plaintiff's complaint in assumpsit alleging breach of implied warranty of merchantability under section 2-314 of the Commercial Code of April 6, 1953, P. L. 3, as amended October 2, 1959, P. L. 1023, sec. 2, 12A, PS §2-314. After argument, the matter is before us for decision. Defendants' demurrer must be overruled.

The complaint alleges purchase by...

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