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Timmins v. F. N. Joslin Co.

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eBook details

  • Title: Timmins v. F. N. Joslin Co.
  • Author : Supreme Court of Minnesota
  • Release Date : January 07, 1939
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

LUMMUS, Justice. This is an action of contract for breach of warranty in the sale of bread. There was evidence that the defendant operated a large department store, and let to a corporation called Concessions Development Corporation the privilege of operating a grocery department in the store; that there was no sign or other indication that the defendant itself did not operate the grocery department; that the defendant published advertisements under its own name, which the plaintiff read, of a sale of groceries; that on February 28, 1933, the plaintiff bought bread at the store with money given her by her husband for domestic use, took it home, and ate some of it; and that she was hurt by wooden splinters which were in the bread. There was evidence also that on March 1, 1933, the plaintiffs husband went to the grocery counter and saw a man whom he did not know who appeared to be working there and who, he presumed, was in charge, told the man of the plaintiffs injuries, and asked whether the manager was there. He was told to put the notice in writing. On the same day he mailed or delivered a letter, addressed to Mr. Grant Grocery Dept. Joslins (Grant being in fact the manager of the grocery department), telling of the injuries to the plaintiff through eating the bread bought at the store, and adding, we are holding the evidence both the bread and splinters for proof. Kindly notify your baker who I understand is Paramount Baking Co. Roxbury, Mass. as I am going to enter claim. On March 31, 1933, a physician employed by the defendant examined the plaintiff, and at the trial the attorney for the defendant produced the letter.


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