W. T. GRANT CO. v. UNEEDA DOLL CO.


19 A.D.2d 361 (1963)

W. T. Grant Co., Appellant, v. Uneeda Doll Company, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

October 22, 1963.


Attorney(s) appearing for the Case

John Nielsen of counsel (Thomas O. Perrell with him on the brief; Perrell, Nielsen & Stephens, attorneys), for appellant.

Harold M. Foster of counsel (Morris Zweibel with him on the brief; Irving Segal, attorney), for respondent.

BREITEL, J. P., McNALLY, STEVENS and STEUER, JJ., concur in Per Curiam opinion; EAGER, J., dissents in opinion.


Per Curiam.

This is an appeal from an order which granted defendant's motion to dismiss the complaint for failure to state a cause of action, and from the judgment entered thereafter on said order.

Prior to December 23, 1958, plaintiff purchased a quantity of toy dolls from defendant, a manufacturer of dolls, for resale to the general public. Plaintiff alleges in its complaint the dolls were warranted of merchantable...

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