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HENDY BROTHERS, INC. v. TUCKER

No. 88.

229 A.2d 301 (1967)

HENDY BROTHERS, INC. v. Lee C. TUCKER and Hiram Monroe.

Supreme Court of Vermont. Addison.

April 4, 1967.

Attorney(s) appearing for the Case

Conley & Foote, Middlebury, for plaintiff.

Peter Forbes Langrock and Mark L. Sperry, Middlebury, for defendant.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.

SHANGRAW, Justice.

In this action the plaintiff seeks to recover of the defendants the amount due on the purchase price of an industrial wheel tractor with a front loader and back hoe sold and delivered by the plaintiff to the defendants under a conditional sales contract dated December 6, 1963.

The defendants responded by filing an affidavit of defense stating that the tractor was not in the same condition as represented; that plaintiff agreed to take the...

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