KENNEDY v. BROCKELMAN BROTHERS, INC.


334 Mass. 225 (1956)

134 N.E.2d 747

HARRIET F. KENNEDY vs. BROCKELMAN BROTHERS, INC.

Supreme Judicial Court of Massachusetts, Essex.

May 31, 1956.


Attorney(s) appearing for the Case

Paul V. Power, for the defendant.

No argument nor brief for the plaintiff.

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


WILKINS, J.

This is an action of contract for breach of an implied warranty of merchantability and fitness of a can of corn purchased at the defendant's store. G.L. (Ter. Ed.) c. 106, § 17 (1). The jury found for the plaintiff in the sum of $300. The defendant's exceptions are to the denial of requests for instructions and to the charge.

The plaintiff, so far as the record shows, was the only witness to testify...

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