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FRANK R. JELLEFF, INC. v. POLLAK BROS., INCORPORATED

Civ. No. 813.

171 F.Supp. 467 (1957)

FRANK R. JELLEFF, INC., to its own use and the Use of LIBERTY MUTUAL INSURANCE COMPANY, and Liberty Mutual Insurance Company v. POLLAK BROS., INCORPORATED.

United States District Court N. D. Indiana, Fort Wayne Division.

December 31, 1957.

Attorney(s) appearing for the Case

Hunt, Longfellow & Suedhoff, Ft. Wayne, Ind., Hogan & Hartson, Washington, D. C., for plaintiff.

Gilmore S. Haynie, Ft. Wayne, Ind., for defendant.

SWYGERT, Chief Judge.

This is an action for consequential damages resulting from a breach of an implied warranty of fitness in the sale of a "brunch coat" or smock by the defendant to the plaintiff Frank R. Jelleff, Inc. (hereinafter called Jelleff) on December 5, 1951.

Plaintiff Liberty Mutual Insurance Company, at all times material hereto, was the public liability insurer of Jelleff.

The defendant Pollak Bros., Inc. (hereinafter called Pollak) is...

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