Logourl black
From our private database of 14,100+ case briefs...

DiGregorio v. Champlain Valley Fruit Co.

Supreme Court of Vermont
255 A.2d 183 (1969)


Barbara Malloy bit into a banana that had a glass thermometer in it and was injured. Malloy had bought the banana from Quality Mart (plaintiff), a retailer that had bought the banana from Champlain Valley Fruit Company (Champlain) (defendant). Malloy brought a products-liability suit against Quality Mart for negligence and breach of warranty. Champlain was later joined as a defendant. Malloy, Quality Mart, and Champlain settled Malloy’s suit out of court. As part of the settlement, Quality Mart paid Malloy $300, and Champlain paid Malloy $1,200. With these facts stipulated, Quality Mart, through its owners the DiGregorios, brought suit against Champlain to recover its payment to Malloy in the settlement. The trial court ruled in favor of Quality Mart. Champlain appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.


The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Holden, C.J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 221,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.