SALES - IMPLIED WARRANTY - EXPLOSIVE IN CIGAR

Authors

James W. Mehaffy, University of Michigan Law SchoolFollow

Abstract

Plaintiff purchased cigars from a retail merchant. The cigars were sold under a trade name and when purchased from a wholesaler by the retailer were wrapped in cellophane, and were sold to the plaintiff while still in the original wrapper. One of the cigars contained a firecracker, which exploded when plaintiff lighted the cigar, causing substantial injury. Held, that the plaintiff can recover from the retailer. Dow Drug Co. v. Nieman, 57 Ohio App. 190, 13 N. E. (2d) 130 (1936).

Recommended Citation

James W. Mehaffy, SALES - IMPLIED WARRANTY - EXPLOSIVE IN CIGAR, 37 Mich. L. Rev. 332 (1938).
Available at: https://repository.law.umich.edu/mlr/vol37/iss2/19