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MELVIN v. H.J. NASSAR MOTOR CO. INC.

355 Mass. 692 (1969)

246 N.E.2d 679

FRANCIS J. MELVIN vs. H.J. NASSAR MOTOR CO., INC.

Supreme Judicial Court of Massachusetts, Essex.

April 16, 1969.

Attorney(s) appearing for the Case

John P. Ford for the defendant.

Victor L. Hatem for the plaintiff.

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

REARDON, J.

The plaintiff in his declaration alleged that he purchased from the defendant "a certain new motor vehicle" but that the vehicle, a 1966 country sedan, was defective. The declaration contained three counts, the first for breach of warranty, the second for breach of warranty stating a right to rescind, and the third in tort for deceit. The jury found for the plaintiff on all counts, awarding the sum of $4,000...

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