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EARLE M. JORGENSEN COMPANY v. TESMER MANUFACTURING CO.

No. 1 CA-CIV 693.

10 Ariz. App. 445 (1969)

459 P.2d 533

EARLE M. JORGENSEN COMPANY, a corporation, Appellant, v. TESMER MANUFACTURING COMPANY, Inc., an Arizona corporation, Theodore F. Tesmer and Roberta Tesmer, his wife, dba Tesmer Manufacturing Company, Appellees.

Court of Appeals of Arizona, Division 1. Department B.

October 14, 1969.

Attorney(s) appearing for the Case

Tupper, Skeens & Rapp, by Edward Crehan Rapp, Phoenix, for appellant.

Kuhse, Petrie & Reynolds by Joe S. Reynolds and E. Gene Wade, Mesa, for appellees.

HAIRE, Judge.

Plaintiff Earle M. Jorgensen Company, a corporation, brought suit on an open account against the defendant corporation, Tesmer Manufacturing Company, and against the individual defendants Theodore F. Tesmer and Roberta Tesmer. Defendant Tesmer Manufacturing Company counterclaimed for damages caused by Jorgensen's alleged "breach of express and/or implied warranties". The trial court awarded plaintiff judgment on the open account and awarded defendant...

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