ADAMS v. HERBERT


345 Mass. 588 (1963)

188 N.E.2d 577

GEORGE S. ADAMS vs. RICHARD HERBERT. (and a companion case).

Supreme Judicial Court of Massachusetts, Worcester.

March 11, 1963.


Attorney(s) appearing for the Case

Harry Zarrow for Herbert.

John F. Driscoll for Adams.

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


KIRK, J.

The litigation, consisting of two cross actions in contract, followed a dispute which arose from the shipment of five carloads of bananas by Adams (the seller) to Herbert (the buyer) during the summer of 1946. The seller's action as plaintiff, commenced in October, 1949, was on an account annexed for goods sold and delivered. The buyer's action as plaintiff, commenced in April, 1950, was for breach of warranty....

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