YENTZER v. TAYLOR WINE COMPANY


414 Pa. 272 (1964)

Yentzer, Appellant, v. Taylor Wine Company.

Supreme Court of Pennsylvania.

April 21, 1964.


Attorney(s) appearing for the Case

Edwin W. Tompkins, II, and Tompkins & Tompkins, for appellant.

A. Grant Walker, John H. Cartwright, and Gifford, Graham, MacDonald & Illig, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE COHEN, April 21, 1964:

In this action of assumpsit, plaintiff appeals from the judgment of the court below sustaining preliminary objections in the nature of a demurrer and dismissing the complaint.

The facts pleaded may be summarized as follows: Plaintiff, employed as manager of a hotel, personally purchased from a state liquor store, on behalf of his employer, four bottles of champagne produced...

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