LAZAROV v. ARNOLD SCHWINN & CO.

No. 11046.

183 F.2d 673 (1950)

LAZAROV v. ARNOLD SCHWINN & CO.

United States Court of Appeals Sixth Circuit.

June 2, 1950.


Attorney(s) appearing for the Case

Harry Rubert, Memphis, Tenn., Miles, Rubert & Miles, Sidney Lazarov, Memphis, Tenn., on brief, for appellant.

John S. Montedonico, Memphis, Tenn., John S. Montedonico, Memphis, Tenn., H. D. Burgess, Chicago, Ill., Canale, Glankler, Little, Boone & Loch, Memphis, Tenn., MacLeish, Spray, Price & Underwood, Chicago, Ill., on brief, for appellee.

Before HICKS, Chief Judge, SIMONS and ALLEN, Circuit Judges.


ALLEN, Circuit Judge.

This is an appeal from a judgment of the District Court rendered on a jury verdict in an action brought by appellee (hereafter called the buyer) to recover $7,522, with interest, the cost of certain steel tubing theretofore ordered by it and paid for by sight draft on February 26, 1948. The buyer rejected the tubing upon inspection at delivery because it failed to conform to the specifications of the contract as to quality, composition, size...

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