WESTERLY TOBACCO CO. v. HUBERMAN


333 Mass. 548 (1956)

132 N.E.2d 289

WESTERLY TOBACCO CO. vs. BERTRAM HUBERMAN.

Supreme Judicial Court of Massachusetts, Suffolk.

February 6, 1956.


Attorney(s) appearing for the Case

Milton S. Schwartz, for the defendant.

Harry Pollack, for the plaintiff.

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


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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