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POSZ v. BURCHELL

Docket No. 102.

209 Cal.App.2d 324 (1962)

25 Cal. Rptr. 896

PAUL POSZ, Plaintiff and Respondent, v. IRVIN M. BURCHELL et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

November 7, 1962.

Attorney(s) appearing for the Case

Robert O. James, Zeff, Halley & Price, E. Dean Price, Badger & Mower and James P. Mower for Defendants and Appellants.

McVay, Stone & Reid and Norman S. Reid for Plaintiff and Respondent.

CONLEY, P.J.

All of the defendants appeal from a judgment against them based on a jury verdict in favor of plaintiff, Paul Posz, in the sum of $32,324.61 growing out of the sale to plaintiff of boysenberry plants, three-quarters of which died. The complaint as amended is based on theories as to all defendants of express warranty, implied warranty and negligence. The verdict and the judgment specify as defendants Irvin M. Burchell, doing business under the name and...

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