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B. H. TUREEN HOTELS v. NACHMAN & COMPANY

No. 46399.

317 S.W.2d 422 (1958)

B. H. TUREEN HOTELS, Inc., a Corporation, Plaintiff-Appellant, v. NACHMAN & COMPANY, Inc., a Corporation, and United States Air Conditioning Corporation, a Corporation, Defendants-Appellants.

Supreme Court of Missouri, Division No. 1.

November 10, 1958.

Attorney(s) appearing for the Case

Shifrin, Treiman, Agatstein & Schermer and Gerhard J. Petzall, St. Louis, for B. H. Tureen Hotels, Inc.

Lashly, Lashly & Miller, John H. Lashly, Paul B. Rava, St. Louis, for Nachman & Co., Inc.

Kramer & Chused, Max W. Kramer, St. Louis, Louis Sachs, Minneapolis, Minn, for United States Air Conditioning Corp. Joseph Nessenfeld, St. Louis, of counsel.

HYDE, Presiding Judge.

Action for damages in two counts for breach of contract of sale of an air conditioning unit; Count I for breach of an implied warranty and Count II on the theory of total failure of consideration. The jury found for plaintiff against both defendants on Count I for $12,450.26 and found against plaintiff and for both defendants on Count II. The jury also found for defendant, Nachman & Company, Inc. (hereinafter called Nachman), and against...

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