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AXION CORP. v. G.D.C. LEASING CORP.

359 Mass. 474 (1971)

269 N.E.2d 664

AXION CORPORATION vs. G.D.C. LEASING CORPORATION (and two companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

May 11, 1971.

Attorney(s) appearing for the Case

Robert W. Harrington for G.D.C. Leasing Corporation & another.

Frederic N. Halstrom (Albert P. Zabin with him) for Axion Corporation.

Present: TAURO, C.J., SPALDING, SPIEGEL, REARDON, & BRAUCHER, JJ.

BRAUCHER, J.

These cases arise out of the sale of three valve testing machines. The three machines were delivered and two of them were paid for. The seller brings two actions of contract for failure to pay for the third machine, and the buyer brings an action of contract or tort against the seller for damages for breach of express and implied warranties.1 The cases were consolidated for trial by jury. At the close of the evidence the judge...

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