268 A.D. 993 | N.Y. App. Div. | 1944
The defendant appeals from a judgment of the City Court of Mount Vernon in favor of two infant plaintiffs, and from an order denying defendant’s motion to set aside the verdict and for the direction of a verdict in its favor. The father of one plaintiff, who was the uncle of the other, purchased from the defendant retailer certain oatmeal which was claimed to contain a foreign substance which made the children ill. The complaint was framed entirely on the theory of a breach of an implied warranty. .Upon this appeal plaintiffs seek to uphold the judgment upon the theories (1) that the purchase by the father and uncle was as agent