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R. H. MACY & CO., INC. v. VEST

40953, 40961.

111 Ga. App. 85 (1965)

140 S.E.2d 491

R. H. MACY & COMPANY, INC. v. VEST; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied January 27, 1965.

Attorney(s) appearing for the Case

T. J. Long, Ben Weinberg, Jr., for plaintiff in error.

Aycock, Ivey & Slotin, Phillip Slotin, contra.

PANNELL, Judge.

Plaintiff brought an action in two counts seeking recovery for injuries suffered because of the burning of an exceedingly inflammable piece of wearing apparel purchased from the defendant by plaintiff's mother as a gift for the plaintiff. One count sought recovery for breach of an implied warranty under Code § 96-301 (the case arose prior to the enactment of the Uniform Commercial Code), and the second count sought recovery based on tort...

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