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MONTGOMERY WARD & CO. v. McFARLAND

No. 762, September Term, 1973.

21 Md. App. 501 (1974)

319 A.2d 824

MONTGOMERY WARD AND COMPANY, INCORPORATED v. WILLIAM E. McFARLAND ET UX.

Court of Special Appeals of Maryland.

Decided June 4, 1974.

Attorney(s) appearing for the Case

Kevin J. McCarthy, with whom were Sasscer, Clagett, Channing & Bucher and Willard G. Hoeltzel on the brief, for appellant, cross-appellee.

Arnold Blank for appellees, cross-appellants.

The cause was argued before MOYLAN and POWERS, JJ., and ROBERT F. SWEENEY, Chief Judge of the District Court of Maryland, specially assigned.

SWEENEY, J., delivered the opinion of the Court.

William E. McFarland (McFarland) brought suit against Montgomery Ward & Co., Inc., (Wards), alleging that he contracted Pasteurella Tularemia, commonly known as rabbit fever, from one of two rabbits that he purchased from a store owned by Wards in Prince George's County. McFarland alleged (a) negligence on the part of Wards in selling him a rabbit which had a communicable, infectious disease, and (b) breach of warranty...

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