Spring Valley Country Club, Inc. v. Malden Supply Co.

Order affirmed. We are here concerned only with counts 11 and 12 of the plaintiff’s declaration against the United States Rubber Company (defendant). Count 11 sounds in tort for negligence and count 12 sounds in contract for breach of warranty. The plaintiff appealed from an order of the Superior Court sustaining a demurrer to each of these counts. As to count 11, one of the grounds stated by the defendant is that it “fails to state facts sufficient to constitute a claim against the [d]efendant.” The same ground is assigned as to count 12. Count 11 seems to claim negligence by the defendant…