Campbell Soup Company v. Ryan

WILSON, Justice.

The principal question in this non-jury case is whether plaintiff must show how he acquired a food product containing a foreign substance which injured him, in order to sustain his judgment for damages under the implied warranty theory.

Although plaintiff alleged he purchased a “T-V Chicken Dinner” which was manufactured and distributed by appellant, at a retail store in Dallas, his proof extended only to showing that he had first seen the food product when he “took it out of the refrigerator and put it in the oven to cook it.” There is no evidence as to how he came to possess…