DELTA TANK MANUFACTURING CO. v. WEATHERHEAD CO.

Civ. A. No. 29828.

150 F.Supp. 525 (1957)

DELTA TANK MANUFACTURING COMPANY, Inc., and General Accident Fire and Life Assurance Corporation, Ltd., Plaintiffs, v. The WEATHERHEAD COMPANY, Defendant.

United States District Court N. D. Ohio, E. D.

April 4, 1957.


Attorney(s) appearing for the Case

Donald M. Marshman, Cleveland, Ohio, John F. Naulty, Philadelphia, Pa., for plaintiffs.

Frank Hurd, Burns Weston, McConnell, Blackmore, Cory & Burke, Cleveland, Ohio, for defendant.


WEICK, District Judge.

This is an action to recover $12,500 damages for the breach of an implied warranty of fitness in the sale of a gas regulator, which was defective and caused an explosion.

Jurisdiction of the Court was based on diversity of citizenship.

A jury was waived and the case was tried by the Court.

The court considered the pleadings, the stipulations of the parties, the testimony and deposition of Robert C. Weast, the deposition...

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