McLEOD v. W.S. MERRELL CO., DIV. OF RICHARDSON-MERRELL

No. 33909.

174 So.2d 736 (1965)

John McLEOD, Petitioner, v. W.S. MERRELL COMPANY, DIVISION OF RICHARDSON-MERRELL, INC., International Pharmacies, Inc., and James Drug Shop, Inc., Jointly and severally, Respondents.

Supreme Court of Florida.

May 5, 1965.


Attorney(s) appearing for the Case

Nichols, Gaither, Beckham, Colson & Spence, Alan R. Schwartz and Robert Orseck, Miami, for petitioner.

Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Miami, for W.S. Merrell Co., Div. of Richardson-Merrell, Inc., Sherouse & Corlett and Richard M. Gale, Miami, for International Pharmacies, Inc., Blackwell, Walker & Gray, Miami, for James Drug Shop, Inc., respondents.


THORNAL, Justice.

By petition for a writ of certiorari we are requested to review a decision of the Court of Appeal, Third District, which passes upon a question certified by that court as being one of great public interest.

We must decide whether a retail druggist who properly fills a prescription of a medical doctor with an unadulterated drug is liable to the patient-purchaser for breach of an implied warranty of fitness or merchantability if the drug produces...

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