SAMS v. EZY-WAY FOODLINER CO.


170 A.2d 160 (1961)

Covan N. SAMS v. EZY-WAY FOODLINER CO.

Supreme Judicial Court of Maine.

January 19, 1961.


Attorney(s) appearing for the Case

Peter Rogers, Douglas MacVane, Edward W. Rogers, Portland, for plaintiff.

Mahoney, Desmond & Mahoney, Portland, for defendant.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, SULLIVAN, DUBORD and SIDDALL, JJ.


WILLIAMSON, Chief Justice.

This case is before us on exceptions to the direction of a verdict for the defendant. The plaintiff seeks damages under Section 15 II of the Uniform Sales Act for breach of an implied warranty of merchantability of "hot dogs" purchased by him from the defendant. Taking the evidence with its inference in the light most favorable to the plaintiff, we are of the opinion a jury could have found as follows:

The defendant operated a self...

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