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FORD MOTOR CO. v. CULLUM

No. 8342.

96 F.2d 1 (1938)

FORD MOTOR CO. v. CULLUM.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 9, 1938.

Attorney(s) appearing for the Case

Gabe P. Allen, of Dallas, Tex., for appellant.

Glover Johnson, of Fort Worth, Tex., for appellee.

Before FOSTER and HOLMES, Circuit Judges, and STRUM, District Judge.

STRUM, District Judge.

Ford Motor Company sold to Dyke Cullum, its retail sales agent at Fort Worth, Tex., a Lincoln automobile to be used as a demonstrator. The contract of purchase was consummated at Detroit, Mich., where Cullum paid the purchase price, took delivery of the car, and personally drove it back to Texas. Mechanical defects developed in the car almost immediately, rendering it useless as a demonstrator, and substantially impairing its operating efficiency...

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