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REFINERY EQUIPMENT v. WICKETT REFINING CO.

No. 11647.

158 F.2d 710 (1947)

REFINERY EQUIPMENT, INC., v. WICKETT REFINING CO.

Circuit Court of Appeals, Fifth Circuit.

January 13, 1947.

Attorney(s) appearing for the Case

Irvine E. Ungerman, of Tulsa, Okl., and Travers Crumpton, of Fort Stockton, Tex., for appellant.

R. B. Rawlins, of Monahans, Tex., for appellee.

Before SIBLEY, WALLER, and LEE, Circuit Judges.

SIBLEY, Circuit Judge.

Appellant as plaintiff sued appellee for $3500 as the purchase price of a bubble tower sold and delivered about July 28, 1944. Appellee admitted purchasing the bubble tower and its delivery, but alleged that it was guaranteed to be in good mechanical condition and capable of use for the purpose for which it was designed; and that on arrival it was discovered not safely usable and was rejected. There was a counter-claim for $497.34 lost in freight...

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