Court case[1928] 2 KB 636

Morelli asked at the defendants' shop for a bottle of Stone's ginger wine and was handed one. When he drew the cork at home the neck of the bottle broke and badly cut his hand; the bottle was defective. He sued the retailers for breach of the implied condition of merchantable quality.

The court held the sellers liable. Asking for 'a bottle of Stone's ginger wine' was a purchase by description from a seller who dealt in goods of that description; the implied condition of merchantable quality therefore applied. The bottle and its contents were sold together, and a bottle that breaks in ordinary use rendered the goods unmerchantable. The plaintiff recovered damages for his injury.