HENRY v. JOHN W. ESHELMAN & SONS

Ex. No. 10687.

209 A.2d 46 (1965)

Grace E. HENRY et al. d.b.a. Henry's Poultry Farm, v. JOHN W. ESHELMAN & SONS.

Supreme Court of Rhode Island.

April 13, 1965.


Attorney(s) appearing for the Case

Zietz, Sonkin & Radin, James Radin, Providence for plaintiffs.

Francis V. Reynolds, Leonard A. Kiernan, Jr., Providence, for defendant.


CONDON, Chief Justice.

This action of assumpsit for breach of warranty is here on the plaintiffs' exception to a decision of a justice of the superior court sustaining the defendant's demurrer to the plaintiffs' declaration on the ground of failure to allege facts therein sufficient to establish privity of contract between them and the defendant.

The declaration is in two counts each sounding in contract. It is alleged therein that "Plaintiffs have a just...

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