BERNSTEIN, Justice.
Plaintiff-appellee brought this action against defendant-appellant to recover a deficiency as authorized by A.R.S. § 44-322, arising from the repossession sale of a power shovel under a conditional sale contract. The defendant filed an affirmative defense and counterclaim, based primarily on the allegation that the shovel was not new, as represented, but had a defectively welded replacement part which had broken down in operation causing a...
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