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ERDMAN v. JOHNSON BROTHERS

[No. 118, September Term, 1970.]

260 Md. 190 (1970)

271 A.2d 744

ERDMAN ET AL. v. JOHNSON BROTHERS RADIO AND TELEVISION CO., INC.

Court of Appeals of Maryland.

Decided December 16, 1970.

Attorney(s) appearing for the Case

Edward C. Mackie; with whom were Warren K. Rich and Rollins, Smalkin, Weston & Andrew on the brief, for appellants.

James L. Mann, Jr., with whom were Jack L. Hardwick, Frank J. Tripoda and Hardwick & Tripoda on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and BARNES, FINAN, SINGLEY and SMITH, JJ.

FINAN, J., delivered the opinion of the Court.

It has been said that "the seller's warranty is a curious hybrid, born of the illicit intercourse of tort and contract, unique in the law."1 A further reading of this opinion will show why.

On June 24, 1965, the appellants (Erdman and Pfaff) purchased a color television-radio-stereo console from the appellees (Johnson Brothers) for approximately...

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