BENAVIDES v. STOP & SHOP, INC.


346 Mass. 154 (1963)

190 N.E.2d 894

MARY BENAVIDES vs. STOP & SHOP, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

May 31, 1963.


Attorney(s) appearing for the Case

Andrew R. Linscott for the defendant.

Joseph W. Breen for the plaintiff.

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


SPALDING, J.

In this action the plaintiff seeks to recover for injuries alleged to have been sustained by her by reason of a breach of warranty of merchantability.

The evidence was as follows: Two or three weeks prior to September 8, 1959, the plaintiff purchased four or five bars of Ivory soap at one of the defendant's retail stores. The labels on the soap stated that it was "99 44/100% pure." The plaintiff kept...

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