BAKER-THOMAS LIME & C. CO. v. ARIZONA CON. PIPE CO.

No. 1 CA-CIV. 16.

1 Ariz. App. 233 (1965)

401 P.2d 238

BAKER-THOMAS LIME & CEMENT CO., Inc., an Arizona corporation, Appellant, v. ARIZONA CONCRETE PIPE CO., Inc., an Arizona corporation, Appellee.

Court of Appeals of Arizona.

Review Denied June 22, 1965.


Attorney(s) appearing for the Case

Snell & Wilmer, Phoenix, by Mark Wilmer, Donald R. Kunz, Phoenix, for appellant.

Spector & Johnson, Phoenix, by Richard E. Johnson, Bernard L. Bebeau, Phoenix, for appellee.


STEVENS, Chief Judge.

The parties will be referred to as they appeared in the trial court. The Plaintiff-Appellee filed suit for negligence and for breach of warranty. The case was submitted to the jury on the negligence theory alone and the jury returned a verdict for the plaintiff.

At the close of the plaintiff's case, the defendant moved for a directed verdict. This was denied. The defendant offered no evidence. The defendant excepted to certain instructions...

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