Legal Opinion

Lubell v. First National Stores, Inc.

Massachusetts Supreme Judicial Court

Decided March 3, 1961PublishedCited by 63 opinions

1Opinion of the CourtWilkins, C.J.

The declaration is in two counts for the same cause of action. The first count is for breach of warranty in the sale of a jar of “strained baby food” purchased from the defendant on January 13, 1958. The second count alleges that on that date the defendant was negligent and the plaintiff was damaged. The writ in contract or tort was brought in the District Court of Chelsea. The defendant removed the case to the Superior Court. On May 14,1959, the case was transferred to the District Court “for trial” under G-. L. c. 231, § 102C, inserted by St. 1958, c. 369, § 3.

On February 23,1960, the…

2Cases cited12 opinions

  1. Cook v. Farm Service Stores, Inc.Massachusetts Supreme Judicial Court · 1938
  2. Kennedy v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1926
  3. Worcester County National Bank v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1960
  4. M. DeMatteo Construction Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1959
  5. Pochi v. BrettMassachusetts Supreme Judicial Court · 1946

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3Cited by63 opinions

  1. Beeler v. DowneyMassachusetts Supreme Judicial Court · 1982
  2. Hudson v. Massachusetts Property Insurance Underwriting Ass'nMassachusetts Supreme Judicial Court · 1982
  3. Heil v. McCannMassachusetts Supreme Judicial Court · 1971
  4. Third National Bank of Hampden County v. CONT. INS. COMassachusetts Supreme Judicial Court · 1983
  5. Henry v. Mansfield Beauty Academy, Inc.Massachusetts Supreme Judicial Court · 1968

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