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CUMBERLAND FARMS v. DREHMANN PAVING & FLOORING

No. 87-90.

25 Mass. App. Ct. 530 (1988)

520 N.E.2d 1321

CUMBERLAND FARMS, INC. vs. DREHMANN PAVING & FLOORING CO.

Appeals Court of Massachusetts, Norfolk.

March 29, 1988.

Attorney(s) appearing for the Case

Celia D. Moore for the plaintiff.

John Foskett for the defendant.

Present: PERRETTA, CUTTER, & SMITH, JJ.

SMITH, J.

On November 1, 1979, V.S.H. Realty, Inc. (VSH), brought a complaint in the Superior Court against Drehmann Paving & Flooring Co. (Drehmann) as a result of certain problems that VSH had experienced with a brick and tile floor installed in a dairy plant by Drehmann. In its complaint, VSH charged that Drehmann had violated its implied warranty obligations under the Uniform Commercial Code by selling and installing an acid-proof brick floor for a dairy processing...

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