Russell v. First National Stores, Inc.

The first count in the plaintiff Hazel M. Russell’s declaration is in substance that there was a breach of an implied warranty that the lamb patties were fit for human consumption. We believe the defendant’s motion for a nonsuit on this count was properly denied. The evidence was undisputed that she purchased these patties for her own exclusive consumption, as she was on a diet and could eat no meat except lamb or fowl, and gave the wherewithal to the cashier in the store in the form of a check endorsed by her husband to pay for them. The law in this State, as well as the general rule, is…