SENCER v. CARL'S MARKET


45 So.2d 671 (1950)

SENCER et al. v. CARL'S MARKETS, Inc.

Supreme Court of Florida, en Banc.

April 14, 1950.


Attorney(s) appearing for the Case

Broad & Cassel, Miami Beach, for appellants.

Myers, Heiman & Kaplan and Dixon, DeJarnette & Bradford, Miami, for appellee.


CHAPMAN, Justice.

This appeal is from a final judgment entered below in behalf of defendant-appellee upon sustaining demurrer to plaintiff's-appellant's declaration. The declaration alleged an implied warranty by the defendant-appellee that a can of Bar Harbor Sardines sold by the defendant to the plaintiff was fit for human consumption. It was alleged that the plaintiff, after eating a small portion of the contents of the...

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