SALES - IMPLIED WARRANTIES RUNNING TO ULTIMATE CONSUMER - IS PRIVITY OF CONTRACT NECESSARY?

Plaintiff's husband purchased from defendant, a large retailer, minced ham and liverwurst manufactured by another concern. Plaintiff with other members of the family became ill after eating the liverwurst. An appeal was taken from a directed verdict for defendant. Held, when food is sold, there is no implied warranty of wholesomeness running from the retailer to the ultimate consumer; for the remedy is based on contract and limited to parties and privies thereto.

Borucki v. MacKenzie Bros. Co., Inc., (Conn. 1938) 3 A. (2d) 224.