Legal Opinion

McMullin v. Cushman Bakery

Massachusetts District Court, Appellate Division

Decided October 29, 1936Published

1Opinion of the CourtCarr, J.

This is an action of contract upon an implied warranty of fitness of a loaf of bread sold by defendant to plaintiff.

There was evidence on which it could be found that the bread was purchased by plaintiff of defendant; that plaintiff ate thereof and that in so doing she swallowed some hair contained in the bread; that the paper wrapper had been gnawed away at the end and a large hole gnawed away into the bread clear to the slice of bread which plaintiff had eaten; that she was made sick as a result and that since she has. feared to eat food. It is not an unwarranted inference that the hole was…

2Cases cited32 opinions

  1. Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
  2. Boston Woven Hose & Rubber Co. v. KendallMassachusetts Supreme Judicial Court · 1901
  3. Hall v. PaineMassachusetts Supreme Judicial Court · 1916
  4. Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
  5. Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907

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