Monahan v. Economy Grocery Stores Corp.

The plaintiff sued in contract for breach of warranty of fitness for food in a sale by the defendant to the plaintiff of "three cans of the best corn.” Ward v. Great Atlantic & Pacific Tea Co. 231 Mass. 90. Blanchard v. Kronick, 269 Mass. 464. Weiner v. D. A. Schulte, Inc. 275 Mass. 379. The contents of one can were made into corn chowder by the plaintiff’s wife and eaten by the plaintiff at two o’clock in the afternoon. About two o’clock the following morning, the plaintiff was taken with pain in his stomach, vomiting and diarrhoea, which produced a bad state of health for about a year.…