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LUBELL v. FIRST NATIONAL STORES, INC.

342 Mass. 161 (1961)

172 N.E.2d 689

JEFFREY LUBELL vs. FIRST NATIONAL STORES, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

March 3, 1961.

Attorney(s) appearing for the Case

John H. Goewey, (Paul V. Power with him,) for the defendant.

Sebastian N. Tangusso, for the plaintiff.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

WILKINS, C.J.

The declaration is in two counts for the same cause of action. The first count is for breach of warranty in the sale of a jar of "strained baby food" purchased from the defendant on January 13, 1958. The second count alleges that on that date the defendant was negligent and the plaintiff was damaged. The writ in contract or tort was brought in the District Court of Chelsea. The defendant removed the case to the Superior Court. On May 14, 1959, the case...

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