What is the test for establishing a breach of warranty on a bottle of Seven Up?

California, United States of America


The following excerpt is from Tidlund v. Seven Up Bottling Co. of Los Angeles, 154 Cal.App.2d 663, 316 P.2d 656 (Cal. App. 1957):

To establish a breach of warranty it was incumbent upon plaintiff to prove by a preponderance of the evidence that the Seven Up was purchased from defendant retailer and bottled by defendant bottling company; that it was unfit for consumption when sold to plaintiff; and that as a result of drinking the Seven Up plaintiff sustained injuries. Vaccarezza v. Sanguinetti, supra, 71 Cal.App.2d at pages 690-691, 163 P.2d at page 473. If a foreign substance found its way into the bottle after plaintiff opened it, defendant would not have breached any warranty and plaintiff would not be able to recover.

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