Cannon v. Yankee Products Co.

In this claim for lost profits a restaurant owner originally brought an action of contract against Yankee Products Co., Inc. (Yankee) for breach of express and breach of implied warranty. Later a complaint alleging negligence in preparation and canning was added against Oconomowoc Canning Co. (Oco).1 The damages allegedly occurred after a dead worm was found in some canned peas purchased by the plaintiff from Yankee which were prepared and canned by Oco.

There was evidence tending to show that the plaintiff owned a restaurant on a plaza, which restaurant had a seating capacity for fifty-five…