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Shaffer v. Victoria Station, Inc.

Washington Supreme Court

588 P.2d 233 (1978)

Relevant factsFree

Daniel Shaffer (plaintiff) was injured when a wine glass broke while he was drinking at a restaurant operated by Victoria Station (defendant); after voluntarily dismissing his negligence claim, Shaffer pursued breach of implied warranty under the UCC and strict liability under the Restatement (Second) of Torts, but the trial court found his claims sounded only in negligence and dismissed the remaining theories, a ruling the court of appeals affirmed. Shaffer appealed further.

IssueFree

Whether there is an implied warranty of merchantability in every contract for sale, if the seller is a merchant of that kind of goods.

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