FINN v. ATLETWED

No. 12514.

231 F.2d 439 (1956)

Neil FINN, doing business as N. A. Finn Co., etc., Plaintiff-Appellant, v. F. C. ATLETWED, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

February 27, 1956.


Attorney(s) appearing for the Case

Love, Snyder & Lewis, Detroit, Mich., for appellant.

Joseph W. Louisell, Detroit, Mich., for appellee.

Before SIMONS, Chief Judge, and McALLISTER and MILLER, Circuit Judges.


PER CURIAM.

This case arises out of a written contract for the purchase and sale of a crane and equipment used in earth removal and road construction. Appellee, the purchaser, claimed that the written contract was induced by misrepresentation, and that, when he secured delivery of the machinery, its hidden defects which could not be perceived upon a fair and reasonable examination justified his reliance upon an implied warranty that it was reasonably fit for the purpose...

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