Legal Opinion
Nugent v. Popular Markets, Inc.
Massachusetts Supreme Judicial Court
Decided June 28, 1967PublishedCited by 30 opinions
1Opinion of the CourtWilkins, C.J.
In this action of contract the plaintiff seeks to recover for injuries to his mouth caused by wood splinters in a jar of boysenberries. The declaration is in two counts, one for breach of warranty of fitness for use ' and one for breach of warranty of merchantability. In the District Court there was a finding for the plaintiff on each count. The defendant claimed a report. In the Appellate Division the findings were vacated, and judgment ordered for the defendant. The plaintiff appealed.
At the trial there was evidence tending to show that the plaintiff purchased food, including the…
2Cases cited9 opinions
- Ayers v. RatsheskyMassachusetts Supreme Judicial Court · 1913
- Herman v. FineMassachusetts Supreme Judicial Court · 1943
- Vieira v. BalsamoMassachusetts Supreme Judicial Court · 1951
- Doyle v. Continental Baking Co.Massachusetts Supreme Judicial Court · 1928
- Pochi v. BrettMassachusetts Supreme Judicial Court · 1946
4 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Lynx, Inc. v. Ordnance Products, Inc.Court of Appeals of Maryland · 1974
- Eastern Air Lines, Inc., Plaintiff-Appellant-Cross v. McDonnell Douglas Corporation, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1976
- Smith v. Ariens Co.Massachusetts Supreme Judicial Court · 1978
- Fargo MacHine & Tool Co. v. Kearney & Trecker Corp.District Court, E.D. Michigan · 1977
- Delano Growers' Cooperative Winery v. Supreme Wine Co.Massachusetts Supreme Judicial Court · 1985
25 more not listed; retrieve them via the Exa API.