Ryan v. Progressive Grocery Stores

New York Court of Appeals · Torts

Tortsbreach of warrantyimplied warrantymerchantable qualityfood salesimplied warrantymerchantable qualityfitness for particular purpose

Facts

Plaintiff's wife, acting as his agent, bought a loaf of "Ward's bread" from defendant's grocery store. The salesman gave her that bread in the sealed package in which it came from the Ward Baking Company. A concealed pin in the loaf injured plaintiff's mouth when the bread was eaten. Because plaintiff's wife asked for a specific brand, she used her own judgment rather than relying on the seller's skill or judgment.

Issue

When a consumer asks a retailer for a specific brand of bread sold in a sealed package, and the bread contains a latent harmful defect, does the retailer impliedly warrant the bread's merchantable quality even though there is no implied warranty of fitness for a particular purpose based on reliance on the seller's skill or judgment?

Rule

There is no implied warranty of fitness for a particular purpose when the buyer demands a specified article under its trade name and thus does not rely on the seller's skill or judgment. But when goods are bought by description from a seller who deals in goods of that description, there is an implied warranty that they are of merchantable quality, and that warranty applies to retailers as well as manufacturers or growers. For food sold by description in sealed containers, a latent defect making the food unfit for consumption breaches the warranty of merchantable quality, and foreseeable personal-injury damages may be recovered where the seller had notice from the nature of the transaction that the food was to be eaten.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Albany, Nora Patel went to Green Willow Market and asked for a sealed jar of "Silver Orchard" peach preserves. The clerk handed her that brand exactly as packaged by the processor. Hidden glass fragments in the preserves cut Nora's mouth when she ate them.

Which implied-warranty theory gives Nora the strongest claim against the retailer?

Explanation. When the buyer demands a specified article under its trade or brand name, there is no implied warranty of fitness for a particular purpose because the buyer is not relying on the seller's skill or judgment. But goods bought by description from a seller who deals in goods of that description still carry an implied warranty of merchantable quality, even if sold in a sealed package and even if the retailer is not the manufacturer. Food containing a latent harmful defect is not merchantable.