Smith v. Gerrish

This is an action of contract brought by the plaintiff for breach of an implied warranty. The defendants were copartners on March 9, 1923, and as such conducted a restaurant. On that day the plaintiff went to the restaurant conducted by the defendants and ordered and was served with a meal consisting of broiled mackerel, potatoes, coffee and rolls. “There was evidence that the mackerel in question was what is known as chilled or cold storage mackerel. That it was advertised on the bill of fare as 'native mackerel’ and that it had been in cold storage for an indeterminate time prior to the…