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MARTIN BROS. MILL & FOUND. SUP. CO. v. FRUEHAUF CORP.

Docket No. 2,867.

11 Mich. App. 573 (1968)

161 N.W.2d 767

MARTIN BROTHERS MILL & FOUNDRY SUPPLY COMPANY v. FRUEHAUF CORPORATION.

Michigan Court of Appeals.

Decided May 31, 1968.

Attorney(s) appearing for the Case

William A. McFawn, for plaintiff.

Frank S. Perkin, Jr., for defendant.

PER CURIAM:

The trial judge found that load imbalance rather than defective design caused the trailer sold by the defendant to the plaintiff Martin Brothers Mill & Foundry Supply Company to tip over.

We have examined the record and conclude that such finding was not clearly erroneous. GCR 1963, 517.1. That finding precludes recovery on plaintiffs' implied warranty as well as on their negligence counts. Piercefield v. Remington Arms Company, Inc...

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