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TRIBOLET v. FOWLER

No. 5823.

77 Ariz. 59 (1954)

266 P.2d 1088

TRIBOLET v. FOWLER.

Supreme Court of Arizona.

February 16, 1954.

Attorney(s) appearing for the Case

Shute & Elsing, Phoenix, and Hall, Catlin & Molloy, Tucson, for appellant.

Bob Barber and Franklin E. Vaughan, Tucson, for appellee.

STANFORD, Justice.

On September 20, 1951, the parties to this action entered into a written agreement reading in part as follows:

"Witnesseth: Party of the first part, for and in consideration hereinafter named, has this day granted, bargained and hereby sells and agrees to deliver f.o.b. cars at Buyers Option Casa Grande or Tucson, [certain cattle] * * *."

An action was brought by Tribolet in the county of Pinal in which he alleged that the defendant...

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