House of Bianchi, Inc. v. Merrimack Manufacturing Co.

This is an action of contract. Plaintiff’s declaration is as follows:

“The plaintiff, House of Bianchi, Inc., says that the defendant is a business concern engaged in the business of manufacturing cloth in Lowell, County of Middlesex, to be used in the making of personal clothing; that in 1957, the plaintiff purchased quantities of a certain cloth, having made known to the defendant the purposes for which the said cloth was to be put; that the defendant warranted that the said cloth was of merchantable quality and was fit for the purpose of being made into personal clothing; that the plaintiff…