Wessinger v. H. Werner Sons Co.

These are two actions, one by Charles E. Wessinger, doing business as Arlington Wadding Co. (hereinafter called the seller), against H. Werner Sons Co. (hereinafter called the buyer) in contract for goods sold and delivered from September 26, 1956, to November 30, 1956, according to an account annexed. The buyer set up in its answer a general denial and a breach of an express or implied warranty that the goods were fit for the use for which they were intended and were sold on a gross weight basis rather than on a net weight basis in violation of G. L. c. 94, § 176. The second action is by the…