SEABOARD OIL CO. v. ALLEN

No. 14109.

204 F.2d 928 (1953)

SEABOARD OIL CO. v. ALLEN.

United States Court of Appeals Fifth Circuit.

June 5, 1953.


Attorney(s) appearing for the Case

Elliott Adams, Jacksonville, Fla., Wm. C. McLean, Tampa, Fla., McCarthy, Lane & Adams, Jacksonville, Fla., for appellant.

Warren M. Goodrich, Bradenton, Fla., Willis, Goodrich & Hensley, Bradenton, Fla., for appellee.

Before BORAH, RUSSELL and STRUM, Circuit Judges.


STRUM, Circuit Judge.

Appellee, plaintiff below, recovered judgment against appellant for damage to the engines of automobiles, trucks and other automotive equipment owned by plaintiff, caused by the use of gasoline diluted with diesel oil which defendant had sold to plaintiff as pure gasoline, and which plaintiff used in his equipment without knowledge that it contained diesel oil.

At the close of the evidence, the trial court denied defendant's motion for...

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