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WESSINGER v. H. WERNER SONS CO.

340 Mass. 102 (1959)

162 N.E.2d 834

CHARLES E. WESSINGER vs. H. WERNER SONS CO. (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

December 15, 1959.

Attorney(s) appearing for the Case

Edward J. Barshak, (Samuel Winetsky with him,) for H. Werner Sons Co.

Bernard P. Rome, (Julius Thannhauser with him,) for Wessinger.

Present: WILKINS, C.J., RONAN, SPALDING, WILLIAMS, & WHITTEMORE, JJ.

RONAN, J.

These are two actions, one by Charles E. Wessinger, doing business as Arlington Wadding Co. (hereinafter called the seller), against H. Werner Sons Co. (hereinafter called the buyer) in contract for goods sold and delivered from September 26, 1956, to November 30, 1956, according to an account annexed. The buyer set up in its answer a general denial and a breach of an express or implied warranty that the goods were fit for the use for which they were intended...

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