Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ 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


Holding and Reasoning (Holden, C.J.)

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 400,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial