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FOGARTY v. VAN LOAN

344 Mass. 530 (1962)

183 N.E.2d 111

EDWARD FOGARTY vs. KENNETH VAN LOAN & another.

Supreme Judicial Court of Massachusetts, Hampden.

June 11, 1962.

Attorney(s) appearing for the Case

Philip J. Ryan for the plaintiff.

Irving Goldblatt for the defendants.

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

SPALDING, J.

This is an action of tort or contract. The first three counts of the declaration allege deceit, the fourth count is for breach of an express warranty, and the fifth count is for "breach of an expressed guarantee" but this count is not pressed. The case was submitted to a jury under leave reserved, and a verdict for the plaintiff was returned. Thereafter the judge entered a verdict for the defendants, subject to the plaintiff's exception.

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