Greenberg v. Lorenz
New York Court of Appeals
9 N.Y.2d 195, 173 N.E.2d 773, 213 N.Y.S.2d 39 (1961)
- Written by Salina Kennedy, JD
Facts
A child (plaintiff) was injured when she ate canned salmon containing sharp metal fragments. The child’s father (plaintiff), who had bought the salmon, sued the grocer who had sold him the salmon (the seller) (defendant) on behalf of himself and the child, alleging that the seller had breached its implied warranty of fitness for use. The trial court awarded damages both to the father and to the child. An appellate panel reversed the trial court’s judgment as to the child, reasoning that only the father had contracted to buy the salmon, meaning that the child lacked privity of contract with the seller and thus had no cause of action for breach of warranty. The child appealed.
Rule of Law
Issue
Holding and Reasoning (Desmond, C.J.)
Concurrence (Froessel, J.)
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