baseball bat

The baseball bat was broken when it was bought by the plaintiff. The plaintiff should return the baseball bat and have his money refunded to him. When the plaintiff bought the baseball bat from the defendant the baseball bat was already broken because as soon as the defendant used the bat to play baseball, the bat shattered into a million pieces. Shattering into a million pieces certainly violates the implied warranty of merchantability under the Uniform Commercial Code (UCC 2-314). No Industria De Calcados Martini Ltda. v. Maxwell Shoe Co., 36 Mass. App. Ct. 268 (Mass. App. Ct. 1994) INDUSTRIA DE CALCADOS MARTINI LTDA. v. MAXWELL SHOE CO., INC. No. 92-P-1322 APPEALS COURT OF MASSACHUSETTS 36 Mass. App. Ct. 268; 630 N.E.2d 299; 1994 Mass. App. LEXIS 274; 23 U.C.C. Rep. Serv. 2d (Callaghan) 89 December 20, 1993, Argued March 21, 1994, Decided. Also, there’s a case what case ? that expounded upon this issue and told us that a baseball bat can’t crack when it’s for its intended purpose. Otherwise, the store has to refund the to the plaintiff. Dudzik v. Klein's All Sports, 158 Misc. 2d 72 (N.Y. J. Ct. 1993) Laurence Dudzik et al., Plaintiffs, v. Klein's All Sports, Defendant. SC# 92-390 JUSTICE COURT OF NEW YORK, TOWN OF COLONIE, ALBANY COUNTY 158 Misc. 2d 72; 600 N.Y.S.2d 1013; 1993 N.Y Misc. LEXIS 272; 21 U.C.C. Rep. Serv. 2d (Callaghan) 592 June 9, 1993, Decided. The information that can be clearly drawn from these cases is if a plaintiff buys a baseball bat, the said bat must be in the condition that the was represented by the seller. The bat must be in marketable condition so that the implied warranty from the seller to the buyer must be