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WAGNER v. MARS, INC.

No. 4482.

166 So.2d 673 (1964)

Nellie R. WAGNER, Appellant, v. MARS, INC., a corporation, and Grand Union Company, a corporation, Appellees.

District Court of Appeal of Florida. Second District.

August 5, 1964.

Attorney(s) appearing for the Case

Joseph M. Murasko and Orville Johnson, III, Fern Park, for appellant.

Gurney, Gurney & Handley, Orlando, for appellees.

WILLSON, J.H., Associate Judge.

This is a products liability action in which the appellant seeks to recover damages for the breach of an implied warranty that a candy bar, manufactured by the appellee Mars, Inc., and sold at retail by the appellee, Grand Union Company, was fit for human consumption.

Appellant's third amended complaint alleged that the candy bar, when purchased, was in a "completely sealed paper wrapper;" that it "contained several nails or...

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