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NELSON EQUIPMENT CO. v. UNITED STATES RUBBER CO.

No. 14688.

227 F.2d 564 (1955)

NELSON EQUIPMENT COMPANY, a Corporation, Appellant, v. UNITED STATES RUBBER COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

November 23, 1955.

Attorney(s) appearing for the Case

Veatch, Bradshaw & Veatch, John C. Veatch, Portland, Or., for appellant.

Rosenberg, Swire & Coan, Marvin S. W. Swire, Portland, Or., for appellee.

Before DENMAN, Chief Judge, and ORR and POPE, Circuit Judges.

DENMAN, Chief Judge.

Appellant, hereafter the Dealer, appeals from a judgment denying him recovery of his purchase price of $5,618.88 for 4,800 feet of fire hose bought from appellee, hereafter the Manufacturer, the District Court holding the dealer has not maintained its burden of proof that the fire hose was defective when delivered nor any agreement for a rescission of the contract of sale to Dealer, and hence Dealer was not entitled to return it to the manufacturer...

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