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OLNEY v. BEAMAN BOTTLING COMPANY

418 S.W.2d 430 (1967)

Mrs. Harriet P. OLNEY, Plaintiff in Error, v. BEAMAN BOTTLING COMPANY, Defendant in Error.

Supreme Court of Tennessee.

June 26, 1967.

Attorney(s) appearing for the Case

F. Clay Bailey, Jr., Nashville, of counsel, Bailey, Ewing & Dale, Nashville, for plaintiff in error.

George H. Armistead, Jr., and Thomas A. Higgins, Nashville, for defendant in error.

OPINION

WILLIAM J. HARBISON, Special Justice.

This is a suit by a consumer against a processor of bottled drinks seeking to recover upon a theory of breach of implied warranty. The trial judge sustained the demurrer and dismissed the suit. For convenience the parties will be referred to as they appeared in the trial court.

Initially the plaintiff sued the retailer of the product, Cooper-Martin, Inc., as well as the processor, Beaman Bottling Company...

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