[DOWNLOAD] "Colonna v. Rosedale Dairy Co." by Virginia Supreme Court # eBook PDF Kindle ePub Free

eBook details

Title: Colonna v. Rosedale Dairy Co.
Author : Virginia Supreme Court
Release Date : January 11, 1936
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 58 KB

Description

[1] On February 21, 1933, the Rosedale Dairy Company sold to M. S. Colonna milk contaminated with the germs of Malta Fever. Colonna had been purchasing milk from this dairy for some time, buying it for ordinary domestic uses in his household. Shep W. Colonna, son of M. S. Colonna, lived with his father and was a member of his household, and it is the son who was made ill by drinking this infected milk. He is the plaintiff here. His notice of motion for judgment was filed on February 24, 1934. It consists of two counts, one upon contract and one in tort. On motion of the defendant he was required to amend the contract count and to state in the amendment whether he relied upon an express or upon an implied warranty. This he did over protest and charged that the warranty was implied. There is no merit in this protest.