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HEWARD v. SUTTON

Nos. 4127, 4128.

345 P.2d 772 (1959)

Elmer S. HEWARD, Appellant and Cross-Respondent, v. James SUTTON, an Incompetent Person, by his Guardian, Gilbert Sutton, Respondent and Cross-Appellant.

Supreme Court of Nevada.

November 4, 1959.

Attorney(s) appearing for the Case

C. B. Tapscott, of Reno, for appellant and cross respondent.

Sinai & Sinai, of Reno, for respondent and cross appellant.

McNAMEE, Chief Justice.

Heward has appealed from a judgment rescinding a contract of sale of a metal press and awarding Sutton damages in the sum of $9,312.50 for his loss of use of said press. Sutton filed a cross-appeal contending that the damages awarded him are inadequate.

On December 14, 1951, James Sutton, by a contract of sale, sold a metal press to George Cook for $2,500. The bill of sale was deposited in escrow with First National Bank, which was...

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