TIMBERLAND LUMBER CO. v. CLIMAX MFG. CO.

No. 4848.

61 F.2d 391 (1932)

TIMBERLAND LUMBER CO., Limited, v. CLIMAX MFG. CO.

Circuit Court of Appeals, Third Circuit.

September 28, 1932.


Attorney(s) appearing for the Case

Benjamin J. Jarrett, of Pittsburgh, Pa., Knox Walkem, of Vancouver, B. C., Canada, and McCook & Jarrett, of Pittsburgh, Pa., for appellant.

W. Pitt Gifford, and Gunnison, Fish, Gifford & Chapin, all of Erie, Pa., for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.


DAVIS, Circuit Judge.

The Timberland Lumber Company brought this action in assumpsit to recover damages from the Climax Manufacturing Company on the warranties and promises of the Climax Company to the Timberland Company that a locomotive built by the Climax Company and sold to the Timberland Company through the Vancouver Depot Machinery Company, Limited, an independent dealer, would comply with certain requirements.

To the statement of claim, the Climax Company...

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