LUIZ v. BIRD ROOFING PRODUCTS, INC.


1998 Mass. App. Div. 199 (1998)

Joseph S. Luiz, III, and another v. Bird Roofing Products, Inc.

Massachusetts Appellate Division, Southern District.

October 15, 1998.


Attorney(s) appearing for the Case

Alvin Youman for the plaintiffs.

Frank F. Anthony for the defendant.

Present: Aguiar, P.J., Welsh & Crimmins, JJ.


Crimmins, J.

Defendant Bird Roofing Company (hereinafter "Bird") appeals under Rule 8A of the Dist./Mun. Cts. R. A. D. A. from judgment on a count grounded in breach of implied warranty. At trial, plaintiffs Joseph S. Luiz, III and Jose A. Vargas claimed that Bird's roofing shingles were defective. Bird claims that judgment for plaintiffs is barred by the statute of limitations contained in M.G.L.c. 106, §2-725, and, alternatively, that the evidence did not warrant...

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