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Cannon v. Yankee Products Co., Inc.

Massachusetts Appeals Court
59 Mass. App. Dec. 169 (1977)


Facts

Cannon (plaintiff), a restaurant owner, purchased peas regularly from Yankee Products Company, Inc. (Yankee Products) (defendant) for a number of years, based upon a representation by Yankee Products’ salesman that the peas were of good quality. However, one of Cannon’s restaurant patrons discovered a worm among the peas, cried out, and drew the attention of other patrons, who walked out after being refunded. Cannon brought suit for breach of express and implied warranties and for negligence. Cannon alleged that word had spread about the worm incident and that, despite his best efforts, which included staying open for longer hours and hiring extra staff, he suffered diminution of business. Cannon presented evidence at trial of diminished sales. The trial court found for Cannon on all counts and awarded him lost profits. Yankee Products appealed.

Rule of Law

Issue

Holding and Reasoning (Walsh, J.)

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