In this action plaintiff has had a recovery against the defendant for breach of warranty of quality and fitness for human consumption of a bottle of beverage bought by plaintiff at a vending machine at a racetrack. No contractual relationship between plaintiff and the defendant, which is the manufacturer of the beverage, has been shown. The undisputed proof is that the beverage was owned and offered for sale in the vending machine by third parties, who, in turn, had purchased...
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