Lechmere Tire & Sales Co. v. Burwick

This is an action of contract to recover for merchandise sold to the holder *46of defendant’s credit card in the amount of $611.78 with interest from November 30, 1967.

Count 1 is for goods sold and delivered.

Count 2 is for breach of an agreement based on acceptance of a credit card under which defendant was to be responsible for all purchases through its use.

The answer is general denial, payment, statute of frauds, violation of Q-.L. c. 140A, § 6, mutual mistake, contributory negligence.

At the trial there ivas evidence as follows: Plaintiff operates two department stores located in Cambridge and…