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RUSSELL v. FIRST NATIONAL STORES, INC.

No. 3973.

96 N.H. 471 (1951)

HAZEL M. RUSSELL & a. v. FIRST NATIONAL STORES, INC.

Supreme Court of New Hampshire.

March 6, 1951.

Attorney(s) appearing for the Case

Upton, Sanders & Upton and Walter H. Gentsch (Mr. Robert W. Upton orally), for the plaintiffs.

Philip H. Faulkner and N. Michael Plaut (Mr. Plaut orally), for the defendant.

BLANDIN, J.

The first count in the plaintiff Hazel M. Russell's declaration is in substance that there was a breach of an implied warranty that the lamb patties were fit for human consumption. We believe the defendant's motion for a nonsuit on this count was properly denied. The evidence was undisputed that she purchased these patties for her own exclusive consumption, as she was on a diet and could eat no meat except lamb or fowl, and gave the wherewithal to the...

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