Barrios

The plaintiff: on appeal contends that the trial court erred in failing to make a finding with regard to “an implied warranty of merchantability”, and the sole question necessary for this court to determine is, was it necessary for the trial court to make such a finding %

Plaintiff’s cause of action is based on two counts. In the first count the plaintiff alleges that in the sale of a certain medicine for hair dyeing purposes called “Two-Paces”, the defendant warranted “that each and all of the ingredients in said preparation were absolutely safe and harmless; that said preparation could be used by any person in her own home for the purpose of dyeing hair without discomfort and without fear of causing injury to the hair, scalp or any other portion of the body to which it might be applied, and that the said preparation could be used as often as liked with perfect safety”; that relying upon said warranties the plaintiff purchased a bottle of said “Two-Paces”; that the plaintiff used said medicine and received certain injuries proximately resulting therefrom.

The second count alleged that the defendants manufactured said medicine and that they were negligent in so doing.

The court…