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THEOS & SONS, INC. v. MACK TRUCKS, INC.

1999 Mass. App. Div. 14 (1999)

Theos & Sons, Inc. v. Mack Trucks, Inc.

Massachusetts Appellate Division, Northern District.

January 25, 1999.

Attorney(s) appearing for the Case

Russell R Wedell for the plaintiff.

William J. Dailey, III, for the defendant.

Present: Merrick, P.J., Coven & Curtin, JJ.

Coven, J.

This is an action to recover for the defendant's alleged breach of the implied warranty of merchantability and negligence in the repair of a truck engine. Summary judgment was entered for the defendant, and the plaintiff has appealed pursuant to Dist./Mun. Cts. R. A. D. A, Rule 8A.

Defendant Mack Trucks, Inc. ("Mack") sold the 1989 Mack truck which is the subject of this lawsuit to J.E. Larkin, Inc. ("Larkin") on August 31, 1989. The sale was a commercial...

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