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BARBAROSSA & SONS, INC. v. ITEN CHEVROLET, INC.

No. 47156.

265 N.W.2d 655 (1978)

BARBAROSSA AND SONS, INC., Respondent, v. ITEN CHEVROLET, INC., Appellant.

Supreme Court of Minnesota.

April 21, 1978.

Attorney(s) appearing for the Case

Kelly & Finley, James F. Finley, and James E. Finley, St. Paul, for appellant.

Thomas, King, Swenson & Collatz and James J. Ryan, St. Paul, for respondent.

Heard before ROGOSHESKE, KELLY, and TODD, JJ., and considered and decided by the court en banc.

ROGOSHESKE, Justice.

This is a buyer's action for breach of contract, seeking damages for the seller's failure to deliver a truck which was to be used in the buyer's sewer construction business. The trial court ordered judgment for the buyer, Barbarossa and Sons, Inc. (Barbarossa), in the sum of $4,950, including "cover" damages for the difference in the purchase price of the truck ordered from the seller and a replacement truck purchased from a different dealer and...

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