CASAGRANDE v. F.W. WOOLWORTH CO. INC.


340 Mass. 552 (1960)

165 N.E.2d 109

OLIVE CASAGRANDE vs. F.W. WOOLWORTH CO., INC.

Supreme Judicial Court of Massachusetts, Middlesex.

March 14, 1960.


Attorney(s) appearing for the Case

Robert W. Cornell, for the defendant.

Alfred J. Medaglia, for the plaintiff.

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


WHITTEMORE, J.

The defendant excepted to the denial of its motion for a directed verdict in this action for breach of an implied warranty of merchantability in the sale, in July, 1956, of a jar of a deodorant which bore the statement "nonirritating to normal person." The plaintiff asked for deodorant and the salesgirl gave her the "Mum" which she had bought many times before.

It could have been found that the use of the material in the jar caused the plaintiff...

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