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MORRIS & CO. v. POWER MFG. CO.

Nos. 4661, 4662.

17 F.2d 689 (1927)

MORRIS & CO., Inc., v. POWER MFG. CO.

Circuit Court of Appeals, Sixth Circuit.

March 10, 1927.

Attorney(s) appearing for the Case

Harold W. Fraser, of Toledo, Ohio (James Mercer Davis, of Camden, N. J., and Fraser, Hiett, Wall & Effler, of Toledo, Ohio, on the brief), for Morris & Co., Inc.

Frederick E. Guthery, of Marion, Ohio, and Edward W. Kelsey, Jr., of Toledo, Ohio (Guthery, Strelitz & Guthery, of Marion, Ohio, and Tracy, Chapman & Welles, of Toledo, Ohio, on the brief), for Power Mfg. Co.

Before MACK and MOORMAN, Circuit Judges, and DAWSON, District Judge.

MOORMAN, Circuit Judge.

In December of 1919 Morris & Co. purchased from the Power Manufacturing Company a fuel oil engine under a quality and capacity warranty. The purchase price was $13,500 f. o. b. Marion, Ohio. The engine proved unsatisfactory, and Morris & Co., in March of 1924, brought this suit for damages, alleging that in August of 1922 it became convinced that the engine would not fulfill its guaranty, and that it then rescinded the contract and...

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