Massachusetts Supreme Judicial Court October 25, 1934 (Smith v. Denholm & McKay Co.)

Pierce, J.

This is an action of contract or tort, brought to recover damages for injuries arising from the use of a proprietary article called “Koremlu,” manufactured by a corporation other than the defendant company, which the plaintiff purchased in the defendant’s store in Worcester. The plaintiff’s original declaration was in two counts, one in contract and one in tort.