Gimenez v. Great Atlantic & Pacific Tea Co.

The evidence permitted the finding by the jury that the plaintiff wife relied on the seller’s skill or judgment in the purchase of the crab meat in question, and that she purchased the same, not as agent for her husband but in her own behalf and for her own use as food. The evidence further justified the finding that the crab meat was not of merchantable quality, and that it was not fit for human consumption because of the presence therein of a dangerous substance from which ensued the injuries complained of. Under both propositions, lack of merchantable quality and unfitness of the food for…