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SUPERIOR DISTRIBUTING CORPORATION v. McCRORY

No. 19134.

356 P.2d 961 (1960)

SUPERIOR DISTRIBUTING CORPORATION, Plaintiff in Error, v. Charles F. McCRORY, Defendant in Error.

Supreme Court of Colorado, En Banc.

November 21, 1960.

Attorney(s) appearing for the Case

Thomas K. Hudson, Denver, for plaintiff in error.

John D. Ryan, Denver, for defendant in error.

FRANTZ, Justice.

McCrory sued Superior Distributing Corporation in Florida, and when Superior failed to enter an appearance, its default was noted. Thereafter evidence in support of the complaint was received, after which the trial court found that Superior had breached a warranty in the sale of machinery, and in part also found and determined:

"That the Plaintiff has volunteered to return said defective machines to the Defendant, and upon the Plaintiff...

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