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SCHAEFER v. TELEX, INC.

Civ. No. 2616.

132 F.Supp. 140 (1955)

Henry A. SCHAEFER, Plaintiff, v. TELEX, Inc., Defendant.

United States District Court D. Minnesota, Third Division.

June 17, 1955.

Attorney(s) appearing for the Case

James H. Geraghty, of Lipschultz, Altman & Geraghty, St. Paul, Minn., for plaintiff.

Donald J. Kelly, of Kelly & LeFevere, Minneapolis, Minn., for defendant.

DONOVAN, District Judge.

This suit for rescission of a contract of sale and for damages on account of a breach of warranty was tried before the court and jury. A verdict in the sum of $26,495.52 was returned for plaintiff. The matter is now before the court on motion by defendant for judgment in its favor, or, as an alternative, for a new trial.

At the close of the evidence and prior to jury argument by counsel...

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