Every week for a year and a half, Newmark was given a shampoo and set by employees

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Every week for a year and a half, Newmark was given a shampoo and set by employees of Gimbel’s. Then a new product (“Candle Wave,” made by the Helene Curtis company) was applied to Newmark’s hair. As a result, Newmark suffered contact dermatitis of the scalp, with substantial hair loss. Newmark sued Gimbel’s for breach of the implied warranty of fitness for a particular purpose. Gimbel’s argued that it was providing a service and not selling goods in this transaction. Therefore it could not be held liable for breach of warranty with reference to the product of Helene Curtis. It could only be held liable, it claimed, if its own employees were proved negligent. Could a jury find Gimbel’s liable if the wave solution was defective and caused the injury? (Newmark v. Gimbel’s Inc., 258 A.2d 679, N.J.)

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