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SULLIVAN v. McCARTHY

No. 18084.

314 P.2d 901 (1957)

H. J. SULLIVAN, doing business as Superior Distributing Company, Plaintiff in Error, v. S. M. McCARTHY, Jr., also known as Siebelt M. McCarthy, Jr., Defendant in Error.

Supreme Court of Colorado. In Department.

August 26, 1957.

Attorney(s) appearing for the Case

Thomas K. Hudson, Denver, for plaintiff in error.

Maxwell Aley, Denver, for defendant in error.

MOORE, Chief Justice.

This action involves the right of a purchaser to enforce provisions of a guarantee of profits made by the seller of vending machines.

McCarthy, defendant in error, purchased a number of coin operated machines from Sullivan, plaintiff in error. The seller delivered to McCarthy a certificate embracing a written guarantee of profits which provided in pertinent part that:

"* * * said machines will earn a profit of not less than 100...

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