Zenkel v. Oneida County Creameries Co.

This case involves a claim for damages arising from the sale of alleged unwholesome limburger cheese. The jury rendered a verdict in favor of the plaintiff and the defendant moved for a new trial on the minutes. “ The general rule established by the weight of authority in the United States *252and England is that accompanying all sales by a retail dealer of articles of food for immediate use there is an implied warranty that the same is fit for human consumption.” Race v. Krum, 222 N. Y. 410, 414, and cases cited. The rule has been applied to ice cream made or prepared on the premises (Race v.…