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Connecticut Superior Court, 1935

Antonacci v. Frisbie Pie Co.

Antonacci v. Frisbie Pie Co.
Connecticut Superior Court · Decided October 15, 1935 · Inglis
3 Conn. Supp. 21; 1935 Conn. Super. LEXIS 87

Counsel

Finklestone & Finklestone, Attorneys for the Plaintiff., Shapiro, Goldstein & Brody, Attorneys for the Defendant.

Antonacci v. Frisbie Pie Co.

Opinion of the Court

INGLIS, J.

The second count of the case clearly sounds in contract. It alleges a breach of the implied warranty of fitness.

In order to recover thereon it must appear therefore that there was privity of contract between the plaintiff and the *22defendant.

Burkhardt vs. Armour & Co., 115 Conn. 249.

It appears that the contract of sale of the pie in question was between Jennie Mastrianni and Patsy Antonacci. It is not alleged that Mastrianni was the agent of the defendant nor that Patsy Antonacci was the agent of the plaintiff, nor does privity of contract between the plaintiff and. defendant appear in any other way.

The demurrer is therefore sustained on all grounds stated.

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