FIORITO v. CLYDE EQUIPMENT CO.

No. 4262.

2 F.2d 807 (1924)

FIORITO et al. v. CLYDE EQUIPMENT CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied February 2, 1925.


Attorney(s) appearing for the Case

Grinstead, Laube & Laughlin and Thomas E. Davis, all of Seattle, Wash., for plaintiffs in error.

Van Dyke & Thomas, of Seattle, Wash., for defendant in error.

Before HUNT and RUDKIN, Circuit Judges, and BOURQUIN, District Judge.


BOURQUIN, District Judge.

Plaintiffs in error brought this action at law to recover special damages arising from breach of warranty. Defendant answered that the contract is in writing, and from the warranty excepts special damages. And plaintiffs replied that they signed the writing without reading it and in reliance upon defendant's misrepresentation that it conformed to the prior oral agreement for a general warranty.

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