West v. Katsafanas

Opinion by

Baldbige, J.,

This appeal is from a judgment obtained by the plaintiff in an action of assumpsit brought by him to recover damages from the defendant for a breach of an implied warranty.

On October 27, 1927, the plaintiff ordered from the defendant, a restaurant keeper, a pork sandwich, pie and coffee. After eating a portion of the sandwich, which proved to be not palatable, he became so ill that it was necessary for him to be taken to the hospital, where his symptoms showed that he was suffering from poisoning.

The questions to be considered in this appeal are: (1) Was there a sale;…