Connecticut Pie Co. v. Lynch

ROBB, Associate Justice.

Plaintiff in error, Connecticut Pie Company, is a manufacturer of pies, which it sells at wholesale to lunch rooms, grocery stores, hotels, and fruit stands.

Lynch, defendant in error, purchased a pie, manufactured by the pie company, from *448a Mrs. Lowe, proprietor of a grocery store at Cottage Park, Va., Mrs. Lowe having previously purchased the pie from the pie company. When Lynch at his home undertook to eat a slice of the pie, he bit into something hard, which turned out to be a nail so imbedded in the pie that it could not be seen until after the pie was bitten into,…