NORTON v. LINDSAY

No. 7947.

350 F.2d 46 (1965)

Dr. John NORTON, Appellant, v. Forrest H. LINDSAY, Appellee.

United States Court of Appeals Tenth Circuit.

August 25, 1965.


Attorney(s) appearing for the Case

William R. Young, Denver, Colo. (Theodore J. Kuhlman, Denver, Colo., on the brief), for appellant.

Frederic L. Kirgis, Denver, Colo. (Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo., on the brief), for appellee.

Before PHILLIPS, HILL and SETH, Circuit Judges.


HILL, Circuit Judge.

This diversity action was brought below to rescind a sale of a race horse on the ground of breach of warranty and to recover the amount paid for the horse and the expenses incurred in its maintenance. The appeal is from an order granting plaintiff's motion for summary judgment.

From the record before us we consider the following facts as being without dispute. Appellant, Norton, was the owner of a race horse named Pocket Valu, which he...

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