Quality Paper Box Co. v. Westminster Motors, Inc.

In an action of contract or tort the plaintiff corporation seeks in two counts of its declaration to recover damages, first for breach of warranty and secondly for fraud arising out of the purchase by the plaintiff from the defendant corporation of a new Dodge motor vehicle. The defendant’s answer of general denial included an allegation that no damages were sustained by the plaintiff.

The evidence showed that the defendant had been a franchised dealer in Dodge automobiles for a long period of time. On or about January 1, 1948, the plaintiff’s agent went to the premises of the defendant to…