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BOYCE v. FOWLER

Civ. No. 8227.

87 F.Supp. 796 (1949)

BOYCE v. FOWLER.

United States District Court D. Massachusetts.

December 30, 1949.

Attorney(s) appearing for the Case

Robert W. Meserve, Nutter, McClennen & Fish, Boston, Mass., for plaintiff.

Jacob S. Aronson, Boston, Mass., for defendant.

WYZANSKI, District Judge.

The principal issue in the case at bar concerns the damages recoverable by one jobber from another on account of breaches of warranty. The governing principles are set forth in the Massachusetts Sales Act, Mass.G.L.(Ter.Ed.) c. 106, §§ 58(6), 58(7) and 59. These sections provide:

§ 58(6) "The measure of damages for breach of warranty shall be the loss directly and naturally resulting, in the ordinary course of events...

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