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Remedies Keyed to Tabb, 8th
Cannon v. Yankee Products Co., Inc.
Citation:
59 Mass. App. Dec. 169 (1977)Facts
John Cannon owned and operated a restaurant on a plaza with parking for six hundred vehicles and seating for fifty-five customers. The restaurant was staffed by Cannon, his wife, a short order cook, and occasionally another waitress. Cannon had purchased canned peas from Yankee Products for six months to one year, dealing with the same route salesman who assured him the peas were of the highest quality, wholesome, and would satisfy customers. On January 23, 1970, Cannon prepared and served these peas as part of a ninety-nine cent daily special. A customer discovered a dead, green worm approximately one and one-third inches long in his peas and “made a stink” in front of approximately fifty-five patrons. About thirty customers walked out, and Cannon refunded their money. Following this incident, Cannon observed his former customers eating at other establishments. Despite efforts to increase business by extending hours until 11:00 P.M. and hiring additional staff, his gross sales declined significantly from an average of $3,386.80 monthly before the incident to $2,749.90 monthly afterward. Cannon eventually sold the business on February 1, 1971.
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