DIAMOND K, INC., v. MOBILE INDUS. EQUIP.

No. 81.

14 Pa. D. & C. 2d 178 (1957)

Diamond K, Inc., v. Mobile Industrial Equipment Corp.

Common Pleas Court of Lackawanna County, Pennsylvania.

December 4, 1957.


Attorney(s) appearing for the Case

Irwin Schneider, for plaintiff.

Carlon M. O'Malley, John W. Bour and Joseph A. Palmer, for defendant.


EAGEN, J., December 4, 1957.

Defendant corporation sold a Model LT Towmoter Fork Lift Truck to plaintiff corporation. An explosion and fire subsequently occurred in the truck resulting in its complete destruction and extensive damage to a building owned by plaintiff.

Alleging that the fire and explosion were caused by latent defects in the truck and that a breach of warranty occurred, this action in assumpsit in Lackawanna County to recover damages to compensate...

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