Roberts v. Anheuser Busch Brewing Ass'n
Massachusetts Supreme Judicial Court
Tort for loss of services of the plaintiff’s wife and child through the alleged wrongful and negligent acts of the defendant as set forth in the declaration printed below.
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Tort for loss of services of the plaintiff’s wife and child through the alleged wrongful and negligent acts of the defendant as set forth in the declaration printed below. Writ dated July 14,1904. The declaration was as follows: "And the plaintiff says that on or about April 2, 1903, the defendant extensively advertised a food preparation of malt and hops known as ‘Malt Nutrine’ as being manufactured and prepared by the defendant with great care and as being compounded in such a manner that the same was extremely healthful and nutritious for women and children requiring nourishment and…
1Opinion of the CourtSheldon, J.
While there may be no inherent difficulty in main*451taining an action of tort upon a false warranty (Farrell v. Manhattan Market Co. 198 Mass. 271, 274, and cases cited), it yet remains true that there cannot be a warranty where there is no privity of contract. It cannot be found that there was a particular contract where there was no contract whatever. As there was here no contractual relation between the plaintiff and the defendant, the action cannot be maintained upon the ground that there was any warranty by the defendant of the good qualities of its mixture. Davidson v. Nichols, 11 Allen,…
2Cases cited11 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Norton v. SewallMassachusetts Supreme Judicial Court · 1870
- Tomlinson v. Armour & Co.Supreme Court of New Jersey · 1908
- Bishop v. WeberMassachusetts Supreme Judicial Court · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Jacob E. Decker & Sons, Inc. v. CappsTexas Supreme Court · 1942
- Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
- Davis v. Van Camp Packing Co.Supreme Court of Iowa · 1920
- New England Box Co. v. C & R Construction Co.Massachusetts Supreme Judicial Court · 1943
- Borucki v. MacKenzie Brothers Co., Inc.Supreme Court of Connecticut · 1938
33 more not listed; retrieve them via the Exa API.