De Gouveia v. H. D. Lee Mercantile Co.

This is an action for personal injuries suffered by the plaintiff by reason of an alleged breach of warranty as to the fitness for human consumption of the contents of a can of salmon purchased by the plaintiff in Kansas City from one Ben Singmon, a groeerman. The case was brought against Singmon, the retail dealer and H. D. Lee Mercantile Company, wholesale merchants, who sold the can of salmon in question to Singmon.

At the close of plaintiff’s testimony she took an involuntary non-suit and mowed, unsuccessfully, to have the same set aside, resulting in this appeal by her. The question…