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TRI-CITY CONCRETE CO. INC. v. A.L.A. CONSTRUCTION CO.

343 Mass. 425 (1962)

179 N.E.2d 319

TRI-CITY CONCRETE CO., INC. vs. A.L.A. CONSTRUCTION CO.

Supreme Judicial Court of Massachusetts, Bristol.

January 3, 1962.

Attorney(s) appearing for the Case

Allan M. Yoffa & Leonard N. Augello, for the plaintiff, submitted a brief.

Thomas F. McGuire, for the defendant.

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

SPIEGEL, J.

This is an action in two counts to recover for damage to the plaintiff's truck and cement mixer. Count 1 is in tort for negligence and count 2 is in contract for "loss of use, and depreciation and other damages." The action was tried in the District Court and the judge found for the defendant on the tort count and for the plaintiff on the contract count. The case then went to the Appellate Division on a report in which the defendant claimed to be aggrieved...

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