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FOLEY v. REVLON, INC.

No. 66-420.

200 So.2d 627 (1967)

Rose M. FOLEY and James S. Foley, Her Husband, Appellants, v. REVLON, INC., a Delaware Corporation, and Owens-Illinois Glass Co., Inc., an Ohio Corporation, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied July 7, 1967.

Attorney(s) appearing for the Case

Green & Hastings, Ligman & Shepherd, Horton & Schwartz, Miami, for appellants.

Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell and DeBlois Milledge, Jr., Miami, for Revlon, Inc.

Mershon, Sawyer, Johnston, Dunwody & Cole and Woodrow Melvin, Jr., Miami, for Owens-Illinois.

Before PEARSON, CHARLES CARROLL and SWANN, JJ.

SWANN, Judge.

This case has had an extensive appellate history.1 In its last appellate appearance, the Supreme Court held that a retailer was not liable for a breach of implied warranty in the sale of a bottle which broke and caused damage to the purchaser, Rose M. Foley.

The case finally came on for trial against Revlon, Inc., for an alleged breach of warranty and against Owens-Illinois Glass Co., Inc., the manufacturer, on theories...

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