Fishman v. Henry Fischer Packing Co.

CAMMACK, Chief Justice.

Samuel Fishman, trading and doing business as The Economy Market, was held liable for damages for breach of warranty in the sale of a picnic ham to Marie Dukes. Fishman v. Dukes, etc., 310 Ky. 638, 220 S.W.2d 1011. In the original actions filed by persons who ate the ham, Fishman filed answers and cross-petitions making the Henry Fischer Packing Company a cross-defendant. Fishman alleged that, if there was any unwholesome condition of the ham, Fischer Packing Company and not he was responsible, because he had purchased it under an implied warranty that the ham was…