AMERICAN PROD. CO. v. MARION CREAMERY CO.


214 Or. 103 (1958)

327 P.2d 1104

AMERICAN PRODUCE CO. v. MARION CREAMERY & POULTRY CO.

Supreme Court of Oregon.

Affirmed July 16, 1958.


Attorney(s) appearing for the Case

James C. Dezendorf argued the cause for appellant. On the briefs were Koerner, Young, McColloch & Dezendorf, James H. Clarke and Marshall C. Cheney, Jr., all of Portland.

Lloyd V. Weiser argued the cause for respondent. On the brief were Weiser & Bowles and David W. Young, Portland, and Williams & Skopil, Salem.

Before PERRY, Chief Justice, and ROSSMAN, McALLISTER and SLOAN, Justices.


AFFIRMED.

ROSSMAN, J.

1. This is an appeal by the plaintiff from a judgment which the circuit court entered in favor of the defendant in an action, which the plaintiff instituted under the procedure authorized by ORS 75.690(1) (d), to rescind the purchase by it from the defendant of two carloads of frozen dressed turkeys and to recover judgment for their purchase price, $25,563.28. The complaint alleged that the defendant had made and breached a warranty of...

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