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HUNT v. FERGUSON-PAULUS ENTERPRISES

243 Or. 546 (1966)

415 P.2d 13

HUNT v. FERGUSON-PAULUS ENTERPRISES

Supreme Court of Oregon.

Affirmed May 25, 1966.

Attorney(s) appearing for the Case

Steve Anderson, Salem, argued the cause for appellant. With him on the brief was F.P. Stager.

Asa L. Lewelling, Salem, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN, DENECKE and LUSK, Justices.

AFFIRMED.

LUSK, J.

The plaintiff bought a cherry pie from the defendant through a vending machine owned and maintained by the defendant. On biting into the pie one of plaintiff's teeth was broken when it encountered a cherry pit. He brought this action to recover damages for the injury, alleging breach of warranty of fitness of the pie for human consumption. In a trial to the court without a jury the court found for the defendant and plaintiff has appealed...

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