Hunt v. Ferguson-Paulus Enterprises

The plaintiff bought a cherry pie from the defendant through a vending machine owned and maintained by the defendant. On biting into the pie one of plaintiff’s teeth was broken when it encountered a cherry pit. He brought this action to recover damages for the injury, alleging breach of warranty of fitness of the pie for human consumption. In a trial to the court without a jury the court found for the defendant and plaintiff has appealed.

Plaintiff assigns error to the court’s failure to sustain his objection to a general finding entered in favor of the defendant and to the court’s refusal to…