NUGENT v. POPULAR MARKETS, INC.


353 Mass. 45 (1967)

228 N.E.2d 91

RALPH NUGENT vs. POPULAR MARKETS, INC.

Supreme Judicial Court of Massachusetts, Hampden.

June 28, 1967.


Attorney(s) appearing for the Case

Douglas R. Winniman, for the plaintiff, submitted a brief.

Stephen A. Moore for the defendant.

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


WILKINS, C.J.

In this action of contract the plaintiff seeks to recover for injuries to his mouth caused by wood splinters in a jar of boysenberries. The declaration is in two counts, one for breach of warranty of fitness for use and one for breach of warranty of merchantability. In the District Court there was a finding for the plaintiff on each count. The defendant claimed a report. In the Appellate Division the findings...

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