Mccabe v. Liggett Drug Co.

330 Mass. 177, 112 N.E.2d 254 (1953)

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Nature of the Case

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Facts

Huwe, acting as an agent for McCabe (P), bought a metal coffee maker from Liggett Drug Co. (D). He delivered it to P in a sealed cardboard container. P then assembled and used the coffee maker in the proper manner. The first few times she used it, she noticed that the water was slow in going up to the upper bowl. The next time she used it, the water did not go up to the bowl at all. The entire coffeemaker then exploded, causing P to be burned. P sued D, claiming that D breached implied warranties of fitness and merchantability. P received a verdict, but the judge, on motion of D and subject to P's exception, entered a verdict for D under leave reserved.