ROGERS v. ZIELINSKI

Ex. No. 10102.

170 A.2d 294 (1961)

Winifred F. ROGERS v. Norbert U. ZIELINSKI.

Supreme Court of Rhode Island.

May 8, 1961.


Attorney(s) appearing for the Case

Alexander G. Teitz, Newport, for plaintiff.

Corcoran, Peckham & Hayes, Patrick O'N. Hayes, Newport, for defendant.


FROST, J.

This is an action of assumpsit to recover damages growing out of the sale of a used Mercedes-Benz automobile by the defendant to the plaintiff. The case was tried before a justice of the superior court sitting without a jury and resulted in a decision for the defendant for costs. The case is here on the plaintiff's single exception to the trial justice's decision.

The amended declaration contains two counts, the first being on an express warranty...

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