The appellant fell while skating on the respondent's rink. He sought recovery on two theories, breach of implied warranty of fitness by the State in renting a defective toe strap which allegedly broke and caused him to fall and negligence of the State in furnishing the defective strap. The court in its decision made no findings as to breach of warranty and referred only to the negligence claim, saying: "The record is devoid of any proof as to...
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