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CARBON v. AMERICAN EQUIP. CO.

No. 35307.

57 Wn.2d 463 (1960)

358 P.2d 128

J.P. CARBON et al., Respondents, v. AMERICAN EQUIPMENT COMPANY, Appellant.

The Supreme Court of Washington, Department Two.

December 29, 1960.

Attorney(s) appearing for the Case

Joseph P. Delay, for appellant.

Witherspoon, Kelley, Davenport & Toole, for respondents.

HILL, J.

This was an action to collect the unpaid balance of five thousand dollars on the price of a used rock crusher. There was a written sales agreement, executed January 22, 1957, which stated that the sale was on an "As Is, Where Is" basis. At the time of sale the crusher was at Geiger Field, near Spokane, where the seller (Carbon Brothers) had operated it during the 1956 season; the last operation having been November...

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