Yochem v. Gloria, Inc.

Was it prejudicially erroneous for the trial court to refuse to submit to the jury the plaintiff’s first cause of action relating to implied warranty?

It is the contention of the plaintiff that this defendant impliedly warranted as reasonably fit for human consumption the water obtained from its own well and served by it to its customers. The defendant seems to place some reliance upon the fact that the well was not drilled by the defendant company but by certain of its incorporators and' stockholders who owned and operated the restaurant before the defendant corporation was organized in 1933.…