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SOUTHWESTERN INDUS. PROD. CO. v. CHIPPEWA MOLDING, INC.

No. 17324.

263 F.2d 402 (1959)

SOUTHWESTERN INDUSTRIAL PRODUCTS COMPANY, Appellant, v. CHIPPEWA MOLDING, INC., Appellee.

United States Court of Appeals Fifth Circuit.

January 20, 1959.

Attorney(s) appearing for the Case

A. W. Salyars, Homer L. Pharr, Lubbock, Tex., for appellant.

Hugh Anderson, Lubbock, Tex., Frank W. Auer, Eau Claire, Wis., for appellee.

Before HUTCHESON, Chief Judge, and CAMERON and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

Involved here are questions under Texas law relating to delivery of defective goods by a seller, the use thereof by the buyer after knowledge of possible defective characteristics, payment, complete or partial, by the buyer and the significance, whether as a matter of fact or law, of such circumstances as constituting waiver of the breach by the buyer. The District Court, without opinion, entered an order which is selfdescribed as a judgment...

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