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CITY OF PARAGOULD v. INTERNATIONAL POWER MACH. CO.

No. 5-2469.

349 S.W.2d 332 (1961)

CITY OF PARAGOULD et al., Appellants, v. INTERNATIONAL POWER MACHINERY COMPANY et al., Appellees.

Supreme Court of Arkansas.

September 25, 1961.

Attorney(s) appearing for the Case

Kirsch, Cathey & Brown, Paragould, for appellants.

Cecil Grooms, Paragould, for appellees.

GEORGE ROSE SMITH, Justice.

This is a suit by the city of Paragould and the commissioners of its municipal light plant to recover $20,000 damages for breach of warranty in a contract by which the appellee, International Power Machinery Company, sold a secondhand diesel-powered generator to the city for $45,000. The city contends that the seller warranted the generator's diesel engine to have been manufactured in 1950, but it was actually built in 1944. The chancellor...

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