FALL RIVER v. HARBOUR CHRYSLER-PLYMOUTH INC


1980 Mass. App. Div. 130 (1980)

Fall River Trust vs. Harbour Chrysler-Plymouth, Inc.

Massachusetts Appellate Division, Southern District.

September 8, 1980.


Attorney(s) appearing for the Case

Andrew Shabshelowitz for the plaintiff.

Janice Robbins for the defendant.

Present: Rider, Welsh & Black, JJ.


Welsh, J.

This is a civil action brought by the plaintiff as assignee of a retail installment sales contract and note against the defendant as assignor, based upon an alleged breach of an express warranty made in connection with the assignment. The portion of the written warranty that is material to the issues presented is as follows:

For the purpose of inducing the assignee to purchase ... the seller does hereby warrant and represent to the assignee that...

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