Allen v. Grafton

This court has held in effect that where, as in the

instant case, a patron of a restaurant orders a meal and it is served to him, there is a sale of what is served by the restaurant to the patron, and, by reason of that portion of the Uniform Sales Act that is now Section 1315.16, Revised Code,1 the operator of the restaurant impliedly warrants that the food is reasonably fit to eat. Yochem v. Gloria, Inc., 134 Ohio St., 427, 17 N. E. (2d), 731. See annotation 7 A. L. R. (2d), 1027, *251and annotation 18 NCCA (NS), 573. We have further held in effect that a violation of our statutes, making it a…