New York Court of Appeals

Jessie M. Temple, Respondent v. William H. Keeler, Appellant

June 3, 1924238 N.Y. 344

Summary

The Court of Appeals held that a restaurant transaction is a sale of goods, creating an implied warranty that the food is reasonably fit for consumption. Accordingly, the judgment in favor of the plaintiff, who contracted a ptomaine poisoning after eating fish at the defendant's restaurant, was affirmed.