Hall v. Everett Motors, Inc.

On September 18, 1956, the plaintiff bought a new Oldsmobile sedan from the defendant, a dealer. On November 5, 1956, the automobile, while in the plaintiff’s garage, was damaged by fire. In this action of contract or tort there were three counts. On count 1 for breach of express warranty of quality and fitness, the jury returned a verdict for the plaintiff for $3,000, but under leave reserved the judge entered a verdict for the defendant. On count 2 for breach of a similar implied warranty the judge directed a verdict for the defendant. The plaintiff excepted to both rulings. On count 3 for…