Pelletier v. Dupont

The plaintiff, who lives with her husband in Lewiston, had occasion to use considerable quantities of bread to supply the needs of an immediate family of six or seven and of some score of boarders or mealers. She was accustomed to order the household supplies chiefly of a certain firm dealing in groceries and provisions, including bread.

The defendant is a baker who manufactures or bakes loaf bread for domestic consumption and known to the trade as “Dupont’s Edgeworth Bread.” Each loaf of defendant’s bread of this brand was, before it left his bakery, wrapped in waxed paper and sealed. The…