Gearing v. Berkson
Massachusetts Supreme Judicial Court
Two ACTIONS OF contract or tort, the plaintiff in the second action being the husband of the plaintiff in the first. The first count in each action recited in substance that the plaintiff Katherine purchased pork chops of the defendants, leaving it to them to make the selection and paying the current price for wholesome food, and that both plaintiffs ate of the chops and became sick.
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Two ACTIONS OF contract or tort, the plaintiff in the second action being the husband of the plaintiff in the first. The first count in each action recited in substance that the plaintiff Katherine purchased pork chops of the defendants, leaving it to them to make the selection and paying the current price for wholesome food, and that both plaintiffs ate of the chops and became sick. The second count in the first action sought recovery for loss of consortium due to the sickness of the plaintiff Percy, and the second count in the second action sought to recover both for medical attendance and…
1Opinion of the CourtDe Courcy, J.
The sales act, St. 1908, c. 237, § 15, provides: “Subject to the provisions of this act and of any other statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract to sell or a sale, except as follows:
“(1) Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller’s skill or judgment, whether he be the grower or manufacturer of not, there is an implied warranty that the goods…
2Cases cited11 opinions
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
- Feneff v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909
- Farrell v. Manhattan Market Co.Massachusetts Supreme Judicial Court · 1908
- Lebourdais v. Vitrified Wheel Co.Massachusetts Supreme Judicial Court · 1907
- Bolger v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Hitaffer v. Argonne Co., IncCourt of Appeals for the D.C. Circuit · 1950
- Diaz v. Eli Lilly & Co.Massachusetts Supreme Judicial Court · 1973
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Brown v. Georgia-Tennessee Coaches, Inc.Court of Appeals of Georgia · 1953
57 more not listed; retrieve them via the Exa API.