Savage v. Alpha Lunch Co.

Massachusetts Supreme Judicial Court

Savage v. Alpha Lunch Co.

16 N.E.2d 38, 300 Mass. 520, 1938 Mass. LEXIS 973

CourtMassachusetts Supreme Judicial Court

DecidedJune 27, 1938

StatusPublished

Cited by6 cases

This text of 16 N.E.2d 38 (Savage v. Alpha Lunch Co.) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Savage v. Alpha Lunch Co., 16 N.E.2d 38, 300 Mass. 520, 1938 Mass. LEXIS 973 (Mass. 1938).

Pincite

Opinion

Cox, J.

This is an action of contract for breach of warranty of fitness of food sold by the defendant to the plaintiff. At the conclusion of the evidence the judge ordered a verdict for the defendant and reported the case to this court. The plaintiff became ill after eating the food that he purchased, but it is unnecessary to detail the events prior and subsequent to his illness or to determine whether the evidence would warrant findings that the food was unwholesome and the probable cause of his illness. See Monahan v. Economy Grocery Stores Corp. 282 Mass. 548, and cases cited; Johnson v. Kanavos, 296 Mass. 373, 376; Guthrie v. J. J. Newberry Co. 297 Mass. 245. Even though the jury could have so found, the defendant would not be liable for a breach of warranty of fitness of the food sold, unless the plaintiff gave it notice of the breach within a reasonable time after he knew or ought to have known of it. G. L. (Ter. Ed.) c. 106, § 38. Johnson v. Kanavos, 296 Mass. 373, 376. Guthrie v. J. J. Newberry Co. 297 Mass. 245. The report of the judge states that it contains all the evidence material to the question raised by the plaintiff's exception to the directed verdict. There is nothing, in the evidence by way of fact or inference as to any notice. Notice is not even mentioned.

In accordance with the terms of the report, judgment must be entered for the defendant.

So ordered.

Free access — add to your briefcase to read the full text and ask questions with AI

Cox, J.

This is an action of contract for breach of warranty of fitness of food sold by the defendant to the plaintiff. At the conclusion of the evidence the judge ordered a verdict for the defendant and reported the case to this court. The plaintiff became ill after eating the food that he purchased, but it is unnecessary to detail the events prior and subsequent to his illness or to determine whether the evidence would warrant findings that the food was unwholesome and the probable cause of his illness. See Monahan v. Economy Grocery Stores Corp. 282 Mass. 548, and cases cited; Johnson v. Kanavos, 296 Mass. 373, 376; Guthrie v. J. J. Newberry Co. 297 Mass. 245. Even though the jury could have so found, the defendant would not be liable for a breach of warranty of fitness of the food sold, unless the plaintiff gave it notice of the breach within a reasonable time after he knew or ought to have known of it. G. L. (Ter. Ed.) c. 106, § 38. Johnson v. Kanavos, 296 Mass. 373, 376. Guthrie v. J. J. Newberry Co. 297 Mass. 245. The report of the judge states that it contains all the evidence material to the question raised by the plaintiff's exception to the directed verdict. There is nothing, in the evidence by way of fact or inference as to any notice. Notice is not even mentioned.

In accordance with the terms of the report, judgment must be entered for the defendant.

So ordered.

Cite This Page — Counsel Stack

Bluebook (online)

16 N.E.2d 38, 300 Mass. 520, 1938 Mass. LEXIS 973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savage-v-alpha-lunch-co-mass-1938.

Opinion

Related

Cite This Page — Counsel Stack