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VITALE v. GARGIULO

144 Conn. 359 (1957)

GRACE VITALE HENRY GARGIULO ET AL.

Supreme Court of Connecticut.

Decided May 8, 1957.

Attorney(s) appearing for the Case

Bernard Insler, with whom, on the brief, was David E. FitzGerald, Jr., for the appellants (defendants).

T. Holmes Bracken, for the appellee (plaintiff).

BALDWIN, O'SULLIVAN, WYNNE, DALY and KING, JS.

BALDWIN, J.

This is an action for breach of warranty in the sale of an oil tank truck by the defendants to the plaintiff. The trial court rendered judgment for the plaintiff, and the defendants have appealed. They claim error in the denial of their motion to compel the plaintiff to elect, in the overruling of their demurrer to the complaint, and in the finding and conclusion that the plaintiff had rescinded the contract of sale.

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