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INTERSTATE FOLDING BOX CO. v. HODGE CHILE CO.

No. 30314.

334 S.W.2d 408 (1960)

INTERSTATE FOLDING BOX COMPANY, a Corporation (Plaintiff), Respondent, v. HODGE CHILE COMPANY, a Corporation (Defendant), Appellant.

St. Louis Court of Appeals, Missouri.

Rehearing Denied May 16, 1960.

Attorney(s) appearing for the Case

Robert Mass, Mellitz & Frank, St. Louis, for appellant.

Lewis, Rice, Tucker, Allen & Chubb, John Torrey Berger, J. L. Pierson, St. Louis, for respondent.

RUDDY, Judge.

Plaintiff in this action seeks payment of an unpaid balance due it for certain frozen food cartons manufactured and shipped to defendant pursuant to an order placed with plaintiff by defendant. Defendant in its answer and counter-claim alleges the breach of an implied warranty of fitness for use and failure of plaintiff to ship cartons that were "up to the plaintiff's sample specifications that had been tested...

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