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DELTA AIR LINES, INC. v. DOUGLAS AIRCRAFT CO., INC.

Docket No. 28225.

238 Cal.App.2d 95 (1965)

47 Cal. Rptr. 518

DELTA AIR LINES, INC., Plaintiff and Respondent, v. DOUGLAS AIRCRAFT COMPANY, INC., Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

November 9, 1965.

Attorney(s) appearing for the Case

Belcher, Henzie & Biegenzahn and Frank B. Belcher for Defendant and Appellant.

William G. Tucker, Richard T. Drukker and Chase, Rotchford, Downen & Drukker for Plaintiff and Respondent.

KINGSLEY, J.

This is an action for breach of warranty in the sale of a commercial airplane. The buyer recovered judgment for damage to the airplane and the vendor has appealed. For reasons set out below, we conclude that the provisions of the contract of sale effectively insulated the vendor from the liability herein sought to be imposed on it and that the judgment against it must be reversed.

In October of 1955, Delta Air Lines, Inc. (Delta), the plaintiff...

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