One Ocon, a retail dealer, sold a can of spinach to plaintiff's wife, who, because of something deleterious about the spinach, became ill from eating it. Plaintiff sued for damages resulting from his wife's illness. The court of appeals certified to the supreme court the following question:--"Was Ocon, the retail dealer, liable to Josey for selling his wife a can of unwholesome spinach, plainly labeled with the processor's name and address, upon the theory that he (Ocon) impliedly warranted that such spinach was fit for human consumption?" Without complicating the problem by an issue of the plaintiff's rights as distinct from those of the wife herself, the supreme court answered the question of warranty in the affirmative. Griggs Canning Co. v. Josey, 139 Tex. 623, 164 S.W. (2d) 835 (1942).
J. B. W.,
SALES - RETAIL DEALERS - LIABILITY FOR DEFECTS IN CANNED GOODS,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol41/iss6/16