144 N.E. 635 | NY | 1924
We hold that where a customer enters a restaurant, receives, eats and pays for food, delivered to him on his order, the transaction is the purchase of goods. We hold also that under such circumstances the buyer does by implication make known to the vendor the particular purpose for which the article is required, and where the buyer may assume that the vendor has had an opportunity to examine the article sold, it appears conclusively that he relies upon the latter's skill or judgment. (Rinaldi v. Mohican Co.,
We have not before held that the owner of a restaurant sells the food which he provides for his guests. Indeed in Race v.Krum (
Apart, however, from Race v. Krum, we would still be compelled to reach the same result by an authoritative decision. Even in construing a criminal statute we have held that a hotel keeper who places before his guests at dinner, partridges, sells the birds, although the guests paid a total sum for board and lodging. (People v. Clair,
Other questions have been argued before us. We have examined them and find no error. The judgment appealed from should be affirmed, with costs.
HISCOCK, Ch. J., CARDOZO, POUND, McLAUGHLIN, CRANE and LEHMAN, JJ., concur.
Judgments affirmed. *348