Baker v. Allied Supermarket Facts: Plaintiff brought action for damages for negligence and breach of implied warranty of merchantability on claim of loss of eye injured by explosion of soft drink bottle occurring when plaintiff lifted bottle from self-serve shelf at supermarket and began to place it in a shopping cart. Issue: Does a person who is invited for an offer and makes gestures to assent to that offer receive protection under warranty? Rules: Conduct of plaintiff buyer in taking possession of soft drink bottle and its contents from self-service display in supermarket together with buyer's intent to pay was sufficient to create a contract for sale which gave rise to implied warranty of merchantability under Uniform Commercial Code. Reasoning: The Supreme Court, Williams, J., held that: (1) conduct of plaintiff buyer in taking possession of soft drink bottle and its contents from self-service display in supermarket together with buyer's intent to pay was sufficient to create a contract for sale which gave rise to implied warranty of merchantability under Uniform Commercial Code, and (2) notwithstanding lack of privity, the Uniform Commercial Code based implied warranty of merchantability as to packaged food products extended from soft drink bottler to consumer buyer at retail supermarket. Further: A store that has signs up and and has self service stands makes an offer to a person to come in and accept. The court holds that a contract for sale exists both at the present and future sales of goods.