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NELSON EQUIPMENT CO. v. ESTEP

No. 34164.

50 Wn.2d 612 (1957)

313 P.2d 679

NELSON EQUIPMENT COMPANY, Respondent, v. G.A. ESTEP, Appellant.

The Supreme Court of Washington, Department Two.

July 18, 1957.

Attorney(s) appearing for the Case

Harcourt M. Taylor, for appellant.

Johnson, Dafoe & Jonson (William L. Dafoe, of counsel), for respondent.

ROSELLINI, J.

This action was brought to recover the balance due on a conditional sale contract covering certain excavating equipment which the defendant had purchased for use on his LeRoi "Tractair" (power tractor). The defendant cross-complained for cancellation of the contract, alleging that the plaintiff had breached an implied warranty of fitness and had induced the sale by misrepresentation. The cause was tried to the court. No finding was proposed regarding...

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