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FABICK BROTHERS EQUIPMENT COMPANY v. LEROUX

No. 8183.

375 S.W.2d 887 (1964)

FABICK BROTHERS EQUIPMENT COMPANY, a corporation, Plaintiff-Appellant, v. James H. LEROUX, Defendant-Respondent.

Springfield Court of Appeals. Missouri.

Motion for Rehearing or Transfer Overruled March 5, 1964.

Attorney(s) appearing for the Case

Hyde, Purcell & Wilhoit, George R. Wilhoit, Jr., Poplar Bluff, for plaintiff-appellant.

Byron Kearby, Poplar Bluff, for defendant-respondent.

Motion for Rehearing or Transfer to Supreme Court Overruled March 5, 1964.

RUARK, Presiding Judge.

This is an appeal from a judgment based on the warranty of a Cat which couldn't hold its water.

Plaintiff Fabick Brothers Equipment Company sold to defendant James H. Leroux "one used Cat." (we understand this is the common, abbreviated, and popular term for a caterpillar tractor) "W/Hyd Dozer," with equipment including "W/Cat #46 Hyd. Controls" and a...

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