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JOHN FABICK TRACTOR COMPANY v. LIZZA & SONS, INC.

No. 138, Docket 26856.

298 F.2d 63 (1962)

JOHN FABICK TRACTOR COMPANY, Appellee, v. LIZZA & SONS, INC., Appellant.

United States Court of Appeals Second Circuit.

Decided January 16, 1962.

Attorney(s) appearing for the Case

Max Gerber, Oyster Bay, N. Y. (Seymour Lakritz, Brooklyn, N. Y., Howard Wilson, New York City, on the brief), for appellant.

Abraham Burstein, New York City (Zelby & Burstein, New York City, Seymour Teitelbaum, Brooklyn, N. Y., on the brief), for appellee.

Before LUMBARD, Chief Judge, and MOORE and HAYS, Circuit Judges.

HAYS, Circuit Judge.

Plaintiff, a Missouri corporation, brought this action against defendant, a New York corporation, to recover the balance of the purchase price of certain tractors and tractor equipment sold by plaintiff to defendant. The defendant counterclaimed for breach of warranty, claiming that the plaintiff delivered used tractors although the contract had called for new machines. The action was tried to a jury which returned a verdict for plaintiff in the...

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