concurring: I concur in the able and well written opinion of Mr. Justice Seawell. The opinion refers to Thomason v. Ballard & Ballard Co., 208 N. C., 1. I wish to reiterate here a part of my dissent in that case: “The weight of authorities, I think, holds that an implied warranty will lie in cases such as the case at bar. In 26 C. J., 785, it is said: 'It is generally agreed by the authorities that a manufacturer, packer, or bottler of foods or beverages is directly liable to a consumer for an injury caused by the unwholesomeness or the unfitness of such articles, although purchased from a dealer or middleman and not from such manufacturer, bottler, or packer.’ The modern doctrine is stated in 11 R. C. L., 1122, as follows: ‘In the case of food sold in cans, bottles, and sealed packages, some of the earlier decisions denied the right of the consumer to recover from the manufacturer, it appearing that the goods were purchased through the medium of a retail dealer. . . . A great majority of the more recent cases, however, hold that the ultimate consumer of products sold in cans or sealed packages may bring his action direct against the packer or manufacturer.’ 17 A. L. R., 688; 39 A. L. R., 995; 63 A. L. R., 343; 88 A. L. R., 531; Dothan-Chero-Cola Co. v. Weeks, 80 So., 734 (Ala.); Davis v. Van Camp Packing Co., 176 N. W., 382 (Iowa); Parkes v. C. C. Yost Pie Co., 144 Pac., 202 (Kan.); Meshbessher v. Channellene Oil Co., 119 N. W., 428 (Minn.); Chesnault v. Houston Coca-Cola Bottling Co., 118 So., 177 (Miss.); Tomlinson v. Armour, 70 Atl., 314 (N. J.); Nock v. Coca-Cola Bottling Works of Pittsburgh, 156 Atl., 537 (Pa.); Mazetti v. Armour, 135 Pac., 633 (Wash.). ... As pointed out in Ward Baking Co. v. Trizzino, 161 N. E., 557 (Ohio), there is no doubt that an implied warranty *548arises between the groceryman who makes the purchase and the manufacturer. The groceryman did not make the purchase for himself, but for his customers, who are the ultimate consumers. The groceryman is merely the distributing agent, he has no opportunity to make an inspection of a sealed package and the manufacturer is fully aware of that fact. The contract between the manufacturer and the retailer is one for the benefit of a third party, the ultimate consumer. If there is any implied warranty between the manufacturer and the retailer, and there is no conflict of decisions on that point, then it is for the benefit of the third party, the ultimate consumer. Therefore, I fully agree with the holding in Ward Baking Co. v. Trizzino, supra,- that an implied warranty for the benefit of an ultimate consumer of a food product can be relied upon by such ultimate consumer against its maker, who supplied it to the store for resale to the public, upon the ground that There is imposed the absolute liability of a warrantor on the manufacturer of articles of food, in favor of the ultimate purchaser, even though there are no direct contractual relationships between such ultimate purchaser and the manufacturer.’ It is of the greatest importance to the health of the general public that when they purchase food or drink it should be pure, wholesome, and fit for use. It is a hard measure and almost impossible to prove negligence and by weight of authorities, this rule under modern conditions is fastly growing obsolete. The true rule, in more recent decisions, is that there is an implied warranty from the manufacturer to the consumer, the general public, where there is no opportunity to inspect, that the food or drink is pure, wholesome, and fit for consumption.”