Wheeler v. Balestri

This is an action of contract to recover damages for a breach of an implied warranty. The judge found for the plaintiff and assessed damages in the sum of $125. The case now comes before us on the plaintiff’s appeal from the order of the Appellate Division that judgment be entered for the defendant.

There was evidence that on December 3, 1938, the plaintiff, a married woman, residing with her husband, purchased a loaf of sliced bread at the defendant’s market. The following day she removed the wrapper and took two slices of the bread and placed them on the table in preparation for dinner. She…