VOLZ v. CLARK

No. 37322.

303 P.2d 441 (1956)

W.J. VOLZ, Plaintiff in Error, v. C.J. CLARK, an Individual, d/b/a Clark Equipment Company, Defendant in Error.

Supreme Court of Oklahoma.

November 7, 1956.


Attorney(s) appearing for the Case

Sam L. Wilhite, Anadarko, for plaintiff in error.

Oris L. Barney, Anadarko, for defendant in error.


WELCH, Justice.

Plaintiff filed an action in replevin to recover possession of a hay baler sold by him to the defendant W.J. Volz. Attached to the petition was a copy of a chattel mortgage and on the reverse side of the chattel mortgage was a warranty of the fitness of the machine by the J.I. Case Company. Defendant filed an answer and cross-petition alleging a breach of the warranty by plaintiff, and resulting damage. The...

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