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TUCKER v. PEARLSTEIN

334 Mass. 33 (1956)

133 N.E.2d 489

MARTIN TUCKER vs. MYER PEARLSTEIN.

Supreme Judicial Court of Massachusetts, Norfolk.

April 2, 1956.

Attorney(s) appearing for the Case

A.T. Handverger, for the defendant, submitted a brief.

No argument nor brief for the plaintiff.

Present: QUA, C.J., RONAN, WILKINS, COUNIHAN, & WHITTEMORE, JJ.

WHITTEMORE, J.

The plaintiff sued for a balance due on the sale of five hundred live pullets and certain bales of shavings. The defendant's answer set up a breach of warranty in respect of the pullets. The District Court judge found that the plaintiff had made materially false representations, namely, that the pullets which the defendant was taking were "all beautiful healthy birds, all perfect, vaccinated, and O.K.," that the defendant "notified the plaintiff of...

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