Legal Opinion

Cumberland Farms, Inc. v. Drehmann Paving & Flooring Co.

Massachusetts Appeals Court

Decided March 29, 1988No. 87-90PublishedCited by 19 opinions

1Opinion of the CourtSmith, J.

On November 1, 1979, V.S.H. Realty, Inc. (VSH), brought a complaint in the Superior Court against Drehmann Paving & Flooring Co. (Drehmann) as a result of certain problems that VSH had experienced with a brick and tile floor installed in a dairy plant by Drehmann. In its complaint, VSH charged that Drehmann had violated its implied warranty obligations under the Uniform Commercial Code by selling and installing an acid-proof brick floor for a dairy processing room which began to deteriorate two and one-half years after VSH installed it. The complaint also alleged that the failure of the floor…

2Cases cited9 opinions

  1. Mounsey v. EllardMassachusetts Supreme Judicial Court · 1973
  2. White v. Peabody Construction Co., Inc.Massachusetts Supreme Judicial Court · 1982
  3. Frances M. Bonebrake, Administratrix De Bonis Non of the Estate of Woodrow B. Simek, Deceased v. Donald Cox and Claude Cox, D/B/A Tamarack BowlCourt of Appeals for the Eighth Circuit · 1974
  4. Zapatha v. Dairy Mart, Inc.Massachusetts Supreme Judicial Court · 1980
  5. Marcil v. John Deere Industrial Equipment Co.Massachusetts Appeals Court · 1980

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3Cited by19 opinions

  1. Commonwealth v. Johnson InsulationMassachusetts Supreme Judicial Court · 1997
  2. ITT Corp. v. LTX Corp.Court of Appeals for the First Circuit · 1991
  3. Carrozza v. CVS Pharmacy, Inc.Court of Appeals for the First Circuit · 2021
  4. Mattoon v. City of PittsfieldMassachusetts Appeals Court · 2002
  5. Siebe, Inc. v. Louis M. Gerson Co.Massachusetts Appeals Court · 2009

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