GRAHAM v. VAN BATENBURG'S GARAGE, INC.


1984 Mass. App. Div. 25 (1984)

Lindsay A. Graham vs. Van Batenburg's Garage, Inc.

Massachusetts Appellate Division, Western District.

January 27, 1984.


Attorney(s) appearing for the Case

Mark I. Zarrow for the plaintiff.

Peter L. Ettenburg for the defendant.

Present: Turcotte, P.J., Lenhoff & McGuane, JJ.


Turcotte, P.J.

The complaint alleges breach of express warranty, breach of implied warranty, and a violation of M.G.L.c. 93A.

The defendant had installed a replacement engine for the plaintiff in an automobile on August 25, 1982. The plaintiff returned to the defendant's place of business on August 27, 1982 after driving 35 miles complaining that the engine smoked and burned excessive amounts of oil and gasoline. An employee of the defendant then informed...

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