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CLYDE EQUIPMENT CO. v. FIORITO

No. 4787.

16 F.2d 106 (1926)

CLYDE EQUIPMENT CO. v. FIORITO et al.

Circuit Court of Appeals, Ninth Circuit.

November 29, 1926.

Attorney(s) appearing for the Case

Van Dyke & Thomas, of Seattle, Wash., and Emmons, Lusk & Bynon, of Portland, Or., for plaintiff in error.

Grinstead, Laube & Laughlin and R. John Lichty, all of Seattle, Wash., for defendants in error.

Before RUDKIN, Circuit Judge, and DIETRICH and KERRIGAN, District Judges.

KERRIGAN, District Judge.

This was an action brought by N. Fiorito et al. against the Clyde Equipment Company to recover the sum of $14,637.46 as special damages for the breach of a warranty in a contract for the sale of certain machinery, and is now before the court on writ of error to review a judgment awarded against defendant in the sum of $6,729.22 and interest, as such special damages.

To the cause of action two affirmative defenses were pleaded. In...

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