PARKINSON, District Judge.
This is an action in damages for breach of contract involving a sale of a quantity of 16 gauge steel sheets which were warranted by the plaintiff to be new, clean and prime and which the defendant contends were not as warranted.
The evidence is in sharp conflict, but as usual in such cases there is always some item of evidence which conclusively demonstrates upon which side the merit lies.
The uncontradicted evidence is that...
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