FOOD FAIR STORES OF FLORIDA v. MACURDA


93 So.2d 860 (1957)

FOOD FAIR STORES OF FLORIDA, incorporated, a corporation, Appellant, v. Forrest H. MACURDA and Cherie K. Macurda, his wife, Appellees.

Supreme Court of Florida, Division A.

March 27, 1957.


Attorney(s) appearing for the Case

L.S. Julian, Shutts, Bowen, Simmons, Prevatt & Julian, Miami, for appellant.

Walsh, Simmonite, Budd & Walsh, Miami, for appellees.


THORNAL, Justice.

Appellant Food Fair, defendant below, seeks reversal of a judgment for $3,000 in favor of appellees Macurda, plaintiffs below, in an action for damages for alleged breach of an implied warranty.

We are called upon to determine what it is worth in damages to find worms and segments of worms in a half-consumed serving of canned spinach.

Appellant, Food Fair, sells food at retail. Mrs. Cherie Macurda purchased a can of "fancy" spinach...

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