Lynch v. Hotel Bond Co.

The complaint alleges that the defendant operates a hotel and dining room, that it served the plaintiff with food in its dining room which it impliedly warranted to be wholesome and fit for human consumption, that in fact the food was not wholesome and the plaintiff became ill as a result of eating it. The defendant demurred to the complaint upon the ground, in substance, that the furnishing of food to the plaintiff did not involve a sale of the food, and that there was no implied warranty by the defendant that it was fit for human consumption. The court sustained the demurrer, and the…