Visusil v. W. T. Grant Co.

Aption brought in the County Court of Nassau county for damages for breach of an implied warranty that candy purchased from appellant by respondent, through the agency of the latter’s wife, was fit for consumption as food. Plaintiff recovered judgment' for his damages for the breach. From that judgment defendant appeals. Judgment in favor of plaintiff unanimously affirmed, with costs. (Ryan v. Progressive Grocery Stores, 255 N. Y. 388, 390.) Present — Hagarty, Davis, Adel, Taylor and Close, JJ.