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SILVERMAN v. SAMUEL MALLINGER CO.

375 Pa. 422 (1953)

Silverman, Appellant, v. Samuel Mallinger Co.

Supreme Court of Pennsylvania.

November 9, 1953.

Attorney(s) appearing for the Case

Harold R. Schmidt, with him John L. Laubach, Jr., and Rose, Rose & Houston, for appellant.

Drayton Heard, with him David Glick and Heard & Heard, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY and ARNOLD, JJ.

OPINION BY MR. JUSTICE CHIDSEY, November 9, 1953:

This is an action in assumpsit for damages brought by Alvin Silverman, trading and doing business as Howard's Food Products, hereinafter called Silverman, for alleged breach of an express warranty. Plaintiff pleaded three alternative causes of action: (1) against Samuel Mallinger Co., a corporation, hereinafter called Mallinger, averring a sale to the plaintiff by Mallinger...

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