Legal Opinion

Vincent v. Nicholas E. Tsiknas Co. Inc.

Massachusetts Supreme Judicial Court

Decided June 19, 1958PublishedCited by 15 opinions

1Opinion of the CourtWhittemore, J.

This is an action of tort to recover damages for breach of an implied warranty of merchantability. The case was referred to an auditor whose findings of fact were to be final and therefore the report was in effect a case stated. Galluzzi v. Beverly, 309 Mass. 135. On June 17, 1954, the plaintiff, a married woman, purchased a jar of baby food from the defendant, a grocer in Woods Hole. The clerk who sold it to her knew that she was married. “The purchase . . . was charged and the charge account was paid with her husband’s money.” The jar was of glass made by a well known glass manufacturer and…

2Cases cited11 opinions

  1. Mead v. Coca Cola Bottling Co.Massachusetts Supreme Judicial Court · 1952
  2. Taylor v. JacobsonMassachusetts Supreme Judicial Court · 1958
  3. Galluzzi v. City of BeverlyMassachusetts Supreme Judicial Court · 1941
  4. Duff v. Town of SouthbridgeMassachusetts Supreme Judicial Court · 1950
  5. McCabe v. Liggett Drug Co. Inc.Massachusetts Supreme Judicial Court · 1953

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3Cited by15 opinions

  1. Delano Growers' Cooperative Winery v. Supreme Wine Co.Massachusetts Supreme Judicial Court · 1985
  2. McCarthy v. Litton Industries, Inc.Massachusetts Supreme Judicial Court · 1991
  3. Patricia Venezia, Individually, and as She is Next Friend of Louis Venezia, a Minor v. Miller Brewing CompanyCourt of Appeals for the First Circuit · 1980
  4. Gilbert & Bennett Manufacturing Co. v. Westinghouse Electric Corp.District Court, D. Massachusetts · 1977
  5. Casagrande v. FW Woolworth Co. Inc.Massachusetts Supreme Judicial Court · 1960

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