Southern Grocery Stores Inc. v. Donehoo

The plaintiff sued the defendant for damages for selling her mullet fish which she alleged were “ stale, spoiled, impure, and unfit for human consumption.” Her petition recited that on August 23, 1935, she and her daughter, Mrs. J. A. Gram-ling, bought certain mullet fish from the defendant through its butcher and employee, Ralph 0. Thompson, who told her then that the fish were fresh and good; she immediately took the fish to her home and put them on ice; the next morning she cooked them for breakfast and served them to her family; her son, W. L. Donehoo Jr., ate of the fish, and,…