Friend v. Childs Dining Hall Co.

231 Mass. 65, 120 N.E. 407 (1918)

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Friend v. Childs Dining Hall Co.

Massachusetts Supreme Judicial Court
231 Mass. 65, 120 N.E. 407 (1918)

Facts

Florence Friend (plaintiff) ordered baked beans at a restaurant owned and operated by Childs Dining Hall Company (Childs) (defendant). Friend bit down on two dark pieces that she thought were hard beans. Friend was hurt and discovered that the pieces were stones. Friend sued Childs on tort and contract theories but abandoned the tort claim. Under Uniform Sales Act § 15 (§ 15), there was an implied warranty as to the fitness for a particular purpose of goods supplied under a sales contract if the buyer made the seller aware of the particular purpose for which the goods were required and appeared to rely on the seller’s skill or judgment. Section 15 also provided that if the buyer examined the goods, no warranty was implied as to defects the examination should have revealed. At the close of Friend’s case, the court directed a verdict for Childs and reported the case for determination by the Massachusetts Supreme Judicial Court.

Rule of Law

Issue

Holding and Reasoning (Rugg, C.J.)

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