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SOUTHWEST DISTRIBUTORS, INC. v. ALLIED PAPER BAG CORP.

No. 23988.

384 S.W.2d 838 (1964)

SOUTHWEST DISTRIBUTORS, INC., d/b/a Southwest Dehyco Company, Plaintiff-Respondent, v. ALLIED PAPER BAG CORPORATION, Defendant-Appellant.

Kansas City Court of Appeals, Missouri.

December 7, 1964.

Attorney(s) appearing for the Case

William M. Austin, North Kansas City, for defendant appellant.

Henry H. Fox, Jr., Kansas City, for plaintiff respondent.

SPERRY, Commissioner.

Plaintiff sued defendant for damages growing out of the breach of an implied warranty of fitness for intended use. Defendant counterclaimed. Trial to the court resulted in a judgment for plaintiff, on its petition, for $3,200.00, and for plaintiff on defendant's counterclaim. Defendant appeals.

Defendant's chief complaint is that plaintiff's evidence failed to establish a submissible case under the applicable law. Our review will be as...

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