Johnson v. Fore River Motors, Inc.

This is an action of contract or tort in three related counts. One count is for breach of an implied warranty of merchantability of an automobile described as a Taunas two-door sedan which the plaintiff purchased from the defendant, a count for money had and received, to wit, the purchase price, and a count for deceit relating to the sale of the automobile. The .count for money had and received is of no consequence as the plaintiff has retained the automobile and has elected to sue for damages. G. L. c. 106, §2-714 (St. 1957 c. 765, §1).

There was a finding for the defendant. The case was…