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BETEHIA v. CAPE COD CORP.

10 Wis.2d 323 (1960)

BETEHIA, Appellant, v. CAPE COD CORPORATION, Respondent.

Supreme Court of Wisconsin.

May 3, 1960.

Attorney(s) appearing for the Case

For the appellant there was a brief by Lewis I. Cohen and Kersten & McKinnon, attorneys, and E. Campion Kersten of counsel, all of Milwaukee, and oral argument by E. Campion Kersten.

For the respondent there was a brief by Paulsen, Wake & Prosser, attorneys, and John F. Zimmermann of counsel, all of Milwaukee, and oral argument by Mr. Zimmermann.

HALLOWS, J.

This is a case of first impression. No Wisconsin cases are cited by either the plaintiff or the defendant and we have not found any on the precise point involved. The controlling questions are whether the presence in the sandwich of the chicken bone of the size described in the complaint, which is natural to the meat contained in the sandwich, constituted a breach of an implied warranty by the restaurateur that the chicken sandwich was reasonably fit for...

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