Wentzel v. Berliner Parts of a Case Quiz

What part of the case is shown below?

Wentzel v. Berliner

Florida District Court of Appeal, Second District, 1967 204 So. 2d 905

 What part of the case is shown below?

Plaintiff-appellants are appealing from a summary judgment entered in favor of defendant-appellee.

What part of the case is shown below?

The plaintiffs suffered food poisoning which was allegedly contracted as a result of eating food served at a church fundraising dinner. Defendant, a professional food caterer, was a member of the church and assisted in the preparation of the food.

What part of the case is shown below? 

Plaintiffs’ suit was based solely on the allegation that defendant had breached an implied warranty of fitness.

Which part of the case is shown below?

The pleadings, affidavits and depositions show that defendant was not engaged in a business venture but was acting merely as a member of the church who was interested in helping with the dinner. There was no contract between defendant and plaintiffs or between defendant and the church. Furthermore, at no time was defendant acting as a vendor.

Which part of the case is shown below?

Admittedly, there need be no contractual privity between a plaintiff and defendant in a suit based upon breach of implied warranty of fitness of foodstuffs. Blanton v. Cudahy Packing Company, Fla. 1944, 19 So. 2d 313. However, before the doctrine of implied warranty of fitness is applicable, there must be something more than mere voluntary activity on the part of the defendant.

Which part of the case is shown below?

The trial court did not err by entering summary judgment.

Which part of the case is shown below?

Affirmed.