Finocchiaro v. Ward Baking Company

This is a civil action to recover damages for the alleged breach of an implied warranty that a loaf of bread sold to the plaintiff was reasonably fit for human consumption. It was commenced July 2, 1963, by a writ of summons 1 in an action of assumpsit, created by sections 315 and 318 of chapter 2 of title 6A of G. L. 1956, as amended, known and cited as the Uniform Commercial Code.

The case was tried to a superior court justice sitting with a jury which returned a verdict for defendant. A judgment was accordingly entered and within the time provided by rule 59 of the superior court rules of…