KENNEY v. SEARS, ROEBUCK & CO.


355 Mass. 604 (1969)

246 N.E.2d 649

ELLEN KENNEY & another vs. SEARS, ROEBUCK & COMPANY & another.

Supreme Judicial Court of Massachusetts, Middlesex.

April 9, 1969.


Attorney(s) appearing for the Case

Philip D. Epstein (Solomon M. Feldman with him) for the plaintiffs.

John F. Finnerty for the defendants.

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


CUTTER, J.

Mrs. Kenney bought from Sears, Roebuck & Company (Sears) in June, 1960, a refrigerator manufactured by another defendant, The Whirlpool Corp. (Whirlpool). She received a written warranty of one year on the electrical wiring and five years on the sealed units, in each instance "to the extent that" Sears would within the stated period "at ... [its] option, either repair or replace and install (with comparable equipment) at no additional cost to the owner...

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