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FARMER v. "FAIR TRADE" STAMP, INC.

No. 21513.

433 P.2d 490 (1967)

James H. FARMER, Plaintiff in Error, v. NORM "FAIR TRADE" STAMP, INC., a Colorado corporation, Defendant in Error.

Supreme Court of Colorado, In Department.

November 13, 1967.

Attorney(s) appearing for the Case

Robinson & Caplan, Boulder, for plaintiff in error.

Charles A. Murdock, Denver, for defendant in error.

KELLEY, Justice.

Plaintiff in error (plaintiff below) filed his claim against the defendant in error (defendant below) for damages. The lawsuit involves a New Holland baler which plaintiff acquired from the defendant, a dealer in new and used farm machinery at Longmont, Colorado. However, the defendant was not a franchised dealer of New Holland balers of which fact the plaintiff had knowledge. The baler in question, although "new" from the standpoint

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