WILLIAMS, J.
This is an action of contract on an account annexed by a wholesaler to recover from a retailer the sale price of tobacco products sold and delivered to him by the wholesaler in October and November, 1953. It was agreed that if the plaintiff was entitled to full recovery the balance due on the account was $1,062.29 and of this amount $647.72 represented the sale of cigarettes. The defendant contends that the plaintiff violated G.L. (Ter. Ed.) c. 64C, ...
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