Swengel v. F. & E. Wholesale Grocery Co.

The opinion of the court was delivered by

Thiele, J.:

This was an action to recover for damages alleged to have been sustained from consumption of canned sauerkraut juice, and from an adverse judgment the defendant appeals.

*556Omitting allegations not material to the appeal, plaintiff alleged that defendant, a wholesale grocery company, had sold' certain Libby’s sauerkraut juice put up in cans, to Mabel McCully, who conducted a retail grocery store in Wichita, Kan., representing that the juice was fit for use and immediate human consumption; that plaintiff bought five cans of the juice from the…