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Hunt v. Ferguson-Paulus Enterprises

Oregon Supreme Court
243 Or. 546, 415 P.2d 13 (1966)

Written by Noah Lewis, JD

Facts

Mr. Hunt (plaintiff) purchased a cherry pie from a vending machine owned and maintained by Ferguson-Paulus Enterprises (Ferguson-Paulus) (defendant). Hunt bit into a cherry pit and broke his tooth. Hunt filed a lawsuit alleging breach of warranty of fitness of the pie for human consumption. Following a bench trial, the court found for Ferguson-Paulus. Hunt appealed, arguing the court erred (1) in finding in favor of Ferguson-Paulus, and (2) in refusing to enter special findings that Hunt and a reasonable consumer would not expect to find a pit in the cherry pie.

Rule of Law

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Issue

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Holding and Reasoning (Lusk, J.)

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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.).

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