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DiBELARDINO v. LEMMON PHARM. CO.

416 Pa. 580 (1965)

DiBelardino, Appellant, v. Lemmon Pharmacal Co.

Supreme Court of Pennsylvania.

March 16, 1965.

Attorney(s) appearing for the Case

Thomas A. Reap, Jr., with him Maxwell P. Gorson, for appellant.

Frederick E. Smith, with him George V. Strong, Jr., John H. Potts, and Ross, Smith & Renninger, and Strong, Barnett and Grasberger, for appellee.

George P. Williams, III, with him William M. Power, Bernard G. Segal, and Schnader, Harrison, Segal & Lewis, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE JONES, March 16, 1965:

May a widow, as administratrix of her deceased husband's estate, institute an action for wrongful death in assumpsit based upon an alleged breach of an implied warranty of fitness for use? Such is the issue on this appeal.

On or about August 29, 1960, Lemmon Pharmacal Company (Drug Company), sold and delivered to Dr. John Sanson "two 5 cc. vials of `Chyzyme Aqueous', thereby warranting and representing that...

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