Landfield v. Albiani Lunch Co.

The plaintiff sues in contract for breach of the implied warranty of a keeper of a restaurant that the food served therein is wholesome. Friend v. Childs Dining *530Hall Co. 231 Mass. 65. He testified that he noticed a peculiar taste in beans served him on August 16, 1928, and that within a few hours after eating them he became ill. There was contradictory evidence on the issue whether the illness arose from eating unwholesome food. Evidence that no complaints were made by any other customer with regard to beans served in the restaurant on either August 15 or 16, 1928, offered by the defendant,…