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Products Liability Keyed to Fischer, 6th Ed.
Hunt v. Ferguson-Paulus Enterprises
Citation:
243 Or. 546, 415 P.2d 13 (1966)Facts
The plaintiff, Hunt, purchased a cherry pie from a vending machine owned and maintained by the defendant, Ferguson-Paulus Enterprises. When eating the pie, Hunt bit into a cherry pit that was embedded in the pie, causing one of his teeth to break. Hunt brought an action against the defendant alleging breach of warranty of fitness of the pie for human consumption. The plaintiff argued that consumers do not reasonably expect to find cherry pits in cherry pies and therefore the presence of the pit rendered the pie unfit for consumption. The defendant contended that cherry pits are natural to cherries and therefore do not render a cherry pie unfit for consumption. The trial court, sitting without a jury, found in favor of the defendant.
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