407 (1918), is part of a progression of cases that influenced the products liability synthesis that emerged in the 1930s.

These cases influenced Judge Cardozo's argument in MacPherson v. Buick Motor Co. that a person could be liable for a defective product to someone other than the immediate purchaser.

Plaintiff entered defendant's restaurant and ordered "New York baked beans and corned beef.

At trial, the defendant won a directed verdict because the judge decided that there was no cause of action in contract.

Plaintiff appeals her contract claim, arguing that the defendant breached an implied warranty under the Uniform Sales Act (St. 1908 c. 237 §15(1), predecessor of UCC Article 2), which says that: Under the Sales Act, it does not matter whether it was established on the evidence that the transaction between the plaintiff and the defendant was a sale of food, or a contract for entertainment, in order to be submitted to a jury.