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"AUTOMATIC" SPRINKLER CORP. OF AMERICA v. SENECA FOODS

361 Mass. 441 (1972)

280 N.E.2d 423

"AUTOMATIC" SPRINKLER CORPORATION OF AMERICA vs. SENECA FOODS CORPORATION.

Supreme Judicial Court of Massachusetts, Worcester.

March 16, 1972.

Attorney(s) appearing for the Case

Richard A. Robinson for the plaintiff.

Sumner B. Tilton, Jr., for the defendant.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, & HENNESSEY, JJ.

REARDON, J.

In this action of contract the plaintiff seeks recovery for an unpaid balance allegedly due for a palletizing machine purchased by the defendant from it. The declaration contained two counts, the first of which was an account annexed claiming $9,187.50, plus interest and costs, for goods sold and delivered. The second count was a count in contract alleging that the defendant ordered a palletizer, that the plaintiff...

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