Capodilupo v. F. W. Stock & Sons
Massachusetts Supreme Judicial Court
Contract for alleged breach of implied warranty of the quality of certain flour sold by the defendant to the plaintiff. Writ dated January 22, 1920. In the Superior Court, the action was tried before Morton¡ J. Material evidence and the exception saved by the plaintiff to the exclusion of a certain paper are described in the opinion. The jury found for the defendant; and the plaintiff alleged an exception. The case was submitted on briefs.
1Opinion of the CourtPierce, J.
At the trial of an action to recover damages for the breach of an implied warranty that certain flour which was sold and delivered to the plaintiff by the defendant was in good and proper condition and of good quality and fit to be used by the plaintiff in his business of baker, the plaintiff called as a witness an inspector of flour, who testified that he inspected the flour on the premises of the plaintiff and that he made a written statement of his inspection and gave this statement to the plaintiff. The plaintiff’s counsel produced this statement, handed it to the witness, who examined it…
2Cases cited5 opinions
- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1913
- Costello v. CrowellMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. JeffsMassachusetts Supreme Judicial Court · 1882
- Gurley v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Long v. DrewMassachusetts Supreme Judicial Court · 1873
3Cited by14 opinions
- Commonwealth v. GreenbergMassachusetts Supreme Judicial Court · 1959
- Commonwealth v. GiacomazzaMassachusetts Supreme Judicial Court · 1942
- Bendett v. BendettMassachusetts Supreme Judicial Court · 1943
- Nussenbaum v. Chambers & Chambers Inc.Massachusetts Supreme Judicial Court · 1948
- Leonard v. TaylorMassachusetts Supreme Judicial Court · 1944
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