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CLARIZO v. SPADA DISTRIBUTING CO., INC.

231 Or. 516 (1962)

373 P.2d 689

CLARIZO v. SPADA DISTRIBUTING CO., INC.

Supreme Court of Oregon.

Reversed and remanded July 31, 1962.

Attorney(s) appearing for the Case

Dirk D. Snel, Portland, argued the cause for appellant. With him on the brief was Howard I. Bobbitt, Portland.

No appearance for respondent.

Before McALLISTER, Chief Justice, and WARNER, SLOAN, O'CONNELL and LUSK, Justices.

REVERSED AND REMANDED.

McALLISTER, C.J.

The plaintiff, Vito Clarizo, brought this action to recover from the defendant, Spada Distributing Co., Inc., damages on account of the alleged breach of an implied warranty of quality of three carloads of vegetables purchased by plaintiff from defendant.

The plaintiff is a produce dealer in Seattle, and the defendant is engaged in the same business with its office in Portland. In the fall of 1958 the plaintiff...

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