MEAD v. COCA COLA BOTTLING CO.


329 Mass. 440 (1952)

108 N.E.2d 757

JAMES A. MEAD vs. COCA COLA BOTTLING COMPANY.

Supreme Judicial Court of Massachusetts, Hampden.

November 18, 1952.


Attorney(s) appearing for the Case

Raymond T. King, (George W. Leary with him,) for the defendant.

James F. Egan, for the plaintiff.

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, & WILLIAMS, JJ.


WILLIAMS, J.

This is an action of contract upon an implied warranty of merchantability in the sale to the plaintiff by the defendant of a bottle of coca cola from an automatic vending machine owned and maintained by the defendant. The defendant's motion for a directed verdict was denied subject to its exception, and the jury returned a verdict for the plaintiff. The defendant having through inadvertence failed to file its bill of exceptions within the prescribed time...

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