Hawkins v. Jamrog

This is an action for breach of an implied warranty of fitness for food of certain slaughtered turkeys *542sold by the defendant to the plaintiff. See G. L. c. 106, § 17 (1). The case was referred to an auditor whose findings of fact by agreement of the parties were to be final.

The auditor found that the defendant sold dressed turkeys to the plaintiff for use as food in the boarding house which she conducted for college students, with the knowledge on the part of the defendant that the turkeys were to be used by the plaintiff as food for herself and her boarders, and with the implication that the…