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McANULTY v. LEMA

Docket No. 19463.

200 Cal.App.2d 126 (1962)

19 Cal. Rptr. 72

GEORGE W. McANULTY, Plaintiff and Appellant, v. MIKE LEMA, Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

February 8, 1962.

Attorney(s) appearing for the Case

Sills & Sills and John M. Thorpe for Plaintiff and Appellant.

Plotner & Rodriguez and Vernon A. Moore for Defendant and Respondent.

DEVINE, J.

Two separate transactions in the sale of Christmas trees are the subject matter of this litigation, the first giving rise to the complaint by the seller to recover the purchase price on one lot of trees, silvertips, and the second being the source of the cross-complaint by the buyer for damages for breach of implied warranty of fitness on the other lot of trees, white firs. It was admitted by the buyer, Lema, at the trial, that the entire amount of $1,548...

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