Henry v. John W. Eshelman & Sons

*519Condon, C. J.

This action of assumpsit for ¡breach of warranty is here on the plaintiffs’ exception to a decision of a justice of the superior court sustaining the defendant’s demurrer to the plaintiffs’ declaration on the ground of failure to allege facts therein sufficient to establish privity of contract between them and the defendant.

The declaration is in two counts each sounding in contract. It is alleged therein that "Plaintiffs have a just claim against the Defendant, which is due and owing, including interest thereon, and which claim the Defendant, although often requested, has refused…