Benavides v. Stop & Shop, Inc.

In this action the plaintiff seeks to recover for injuries alleged to have been sustained by her by reason of a breach of warranty of merchantability.

The evidence was as follows: Two or three weeks prior to September 8, 1959, the plaintiff purchased four or five bars of Ivory soap at one of the defendant’s retail stores. The labels on the soap stated that it was “99 44/100% pure. ’ ’ The plaintiff kept the soap in her kitchen cabinet and on the evening of September 8, 1959, she took a bar of it from the cabinet and carried it into the bathroom. After unwrapping it, she broke the bar in half,…