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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