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VINCENT v. NICHOLAS E. TSIKNAS CO. INC.

337 Mass. 726 (1958)

151 N.E.2d 263

LEE C. VINCENT vs. NICHOLAS E. TSIKNAS CO., INC.

Supreme Judicial Court of Massachusetts, Barnstable.

June 19, 1958.

Attorney(s) appearing for the Case

George M. Poland, (Herbert E. Hunziker with him,) for the plaintiff.

Paul V. Power, for the defendant.

Present: WILKINS, C.J., RONAN, SPALDING, WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.

WHITTEMORE, J.

This is an action of tort to recover damages for breach of an implied warranty of merchantability. The case was referred to an auditor whose findings of fact were to be final and therefore the report was in effect a case stated. Galluzzi v. Beverly, 309 Mass. 135. On June 17, 1954, the plaintiff, a married woman, purchased a jar of baby food from the defendant, a grocer in Woods Hole. The clerk...

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