BROWN v. BIGELOW


325 Mass. 4 (1949)

88 N.E.2d 542

ALEXANDER BROWN vs. LAWRENCE BIGELOW.

Supreme Judicial Court of Massachusetts, Worcester.

November 8, 1949.


Attorney(s) appearing for the Case

Nicholas Fusaro & Nunziato Fusaro, for the plaintiff.

M.N. Gould, for the defendant.

Present: QUA, C.J., LUMMUS, SPALDING, WILLIAMS, & COUNIHAN, JJ.


WILLIAMS, J.

In this action, stated in the writ to be "contract or tort," it is alleged in the declaration that the defendant sold to one Dunkerly a quantity of hay, knowing that the same was to be resold by Dunkerly in the open market as food for animal consumption; that the defendant negligently prepared said hay so that it was not reasonably fit for food, but was dangerous to use as food in that it contained foreign and deleterious matter; that the plaintiff bought...

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