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BRACKER v. AMERICAN NAT. FOOD, INC.

Docket No. 20561.

133 Cal.App.2d 338 (1955)

284 P.2d 163

JOE G. BRACKER et al., Respondents, v. AMERICAN NATIONAL FOOD, INC., Appellant.

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

May 31, 1955.

Attorney(s) appearing for the Case

Wadsworth & Fraser and Charles E. McClung for Appellant.

Eugene L. Wolver for Respondents.

WHITE, P.J.

Defendant, American National Foods, Inc., has appealed from a judgment awarding plaintiffs $5,327.95 damages for breach of warranty as to the quality of four carloads of tomatoes sold through a Kansas City broker while in transit from Tracy, California, to Kansas City, Missouri.

Appellant urges as its first ground for reversal that judgment should have been for appellant on the first affirmative defense alleged in the answer, to wit "that the complaint...

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