New York Court of Appeals

Patrick Ryan, Respondent v. Progressive Grocery Stores, Inc., Appellant

February 10, 1931255 N.Y. 388

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff who was injured by a pin concealed in a loaf of bread purchased from the defendant. The court held that an implied warranty of merchantable quality applies to food sold in sealed containers by description, even when the buyer selects the brand, and that damages for breach of that warranty are recoverable.