Mead v. Coca Cola Bottling Co.

This is an action of contract upon an implied warranty of merchantability in the sale to the plaintiff by the defendant of a bottle of coca cola from an automatic vending machine owned and maintained by the defendant. The defendant’s motion for a directed verdict was denied subject to its exception, and the jury returned a verdict for the plaintiff. The defendant having through inadvertence failed to file its bill of exceptions within the prescribed time, the judge reported the case on the issues whether there was evidence for the jury of the breach of an implied warranty of merchantability…