MAURICE C. SMITH CO. v. FISHER PLASTICS CORPORATION

Civ. No. 6399.

76 F.Supp. 641 (1948)

MAURICE C. SMITH CO., Inc. v. FISHER PLASTICS CORPORATION.

District Court, D. Massachusetts.

March 9, 1948.


Attorney(s) appearing for the Case

Milton C. Wasby, Mintz, Levin & Cohn and Joseph B. Abrams, all of Boston, Mass., for plaintiff.

Philip J. Murphy, of Worcester, Mass., for John D. O'Reilly, Trustee in Reorganization of Fisher Plastics Corporation.


SWEENEY, District Judge.

In this action the plaintiff seeks to recover damages as the result of an alleged breach of either an express warranty or an implied warranty, or both. The defendant denies that any warranty attached to the sale of its products to the plaintiff.

Findings of Fact

The plaintiff is a Rhode Island corporation engaged in the manufacture of boots and shoes. Among its products it had, prior to 1946, manufactured a type of stadium...

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