Weiner v. D. A. Schulte, Inc.

The declaration in this action in the Superior Court was in two counts, one in tort, the other in contract. The plaintiff elected to stand on the count in contract. In this count he alleged “that the defendant on or about April 26, 1926, was engaged in the manufacture, sale or distribution of tobacco; that on or about said date the plaintiff purchased some tobacco which was manufactured, sold or distributed by the defendant, its agents or servants; . . . that the defendant, its agents or servants represented the same to be wholesome and what he intended to purchase, but . . . the tobacco was…