목차MEMORANDOM OF THE DEFENDANT OF BLUESHIP INCFACT
본문내용MEMORANDOM OF THE DEFENDANT OF BLUESHIP INCFACT
On April 25, 1959, Priscilla D. Webster(the plaintiff), who is an original New Englander, went into the Blue Ship Tea Room operated by the defendant. She ordered clam chowder and crab meat salad and started to eat it. After gulping some spoonfuls she became conscious of that something had lodged in her throat because she couldn't swallow and couldn't clear her throat and she could feel it. Then this led to two esophagoscopies at the Massachusetts General Hospital, on April 27, 1959, a fish bone was found and removed. The sequence of events produced injury to the plaintiff which was substantial.
In this case, it is a serious question whether a fish bone lurking in a fish chowder, about the ingredients of which there is no other discontent, constitute a breach of implied warranty under applicable provisions of the Uniform Commercial Code. Also, to identify the nature of fish chowder- fit to be eaten and wholesome or not -is important.
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