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IVEY-DALE-OWEN CO. OF ARIZONA v. WORTHINGTON CO., INC.

No. 5452.

29 F.2d 280 (1928)

IVEY-DALE-OWEN CO. OF ARIZONA et al. v. WORTHINGTON CO., Inc.

Circuit Court of Appeals, Fifth Circuit.

November 24, 1928.

Attorney(s) appearing for the Case

Paul D. Thomas, of El Paso, Tex. (William Flournoy, of El Paso, Tex., on the brief), for appellants.

Eugene T. Edwards, of El Paso, Tex., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

Appellee sued appellants on a note given in part payment of the contract price of two 300 h. p. Diesel engines. Appellants pleaded that the contract of sale contained a warranty that the engines would develop 300-horse power when operated with fuel oil not heavier in gravity test than 16 degrees Baumé, and alleged a breach of warranty, in that the engines could not be operated successfully except with fuel oil that was lighter in gravity...

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