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SIMON HARDWARE CO. v. PACIFIC TIRE ETC. CO.

Docket No. 19917.

199 Cal.App.2d 616 (1962)

19 Cal. Rptr. 12

SIMON HARDWARE COMPANY, Cross-complainant and Appellant, v. PACIFIC TIRE AND RUBBER COMPANY, Cross-defendant and Respondent.

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

January 30, 1962.

Attorney(s) appearing for the Case

Miller, Williams & Larson for Cross-complainant and Appellant.

Hagar, Crosby & Rosson and Justin M. Roach, Jr., for Cross-defendant and Respondent.

DEVINE, J.

Plaintiff alleges in her complaint that she was injured as the result of the blowout of a tire which she had purchased from Simon Hardware Company, and she seeks damages for breach of an implied warranty. She states a cause for negligence, but in very general terms, and only against fictitious defendants. Simon Hardware generally denies and sets up affirmative defenses, but there is no issue before us on...

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