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MAYER v. NORTHWOOD TEXTILE MILLS, INC.

Docket No. 18224.

105 Cal.App.2d 406 (1951)

233 P.2d 657

L. MAYER, Respondent, v. NORTHWOOD TEXTILE MILLS, INC. (a Corporation), Appellant.

Court of Appeals of California, Second District, Division Three.

July 13, 1951.

Attorney(s) appearing for the Case

Bachrack & Wilson and Henry Muller for Appellant.

Benjamin & Lieberman for Respondent.

VALLEE, J.

Plaintiff, as assignee of Emanuel Kramer, brought this action to recover the purchase price paid defendant for yardage upholstery material. The material was purchased by sample and by description. The complaint alleged, and the court found, that the material delivered did not conform to the samples submitted or to the quality ordered; that, on ascertaining the inferior quality of the material, Kramer rescinded the purchase and tendered the material to defendant...

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