DIESEL ENG. REPAIR CORP. v. SOUTHERN STEEL CONST. CO.

No. K-371.

222 So.2d 234 (1969)

DIESEL ENGINE REPAIR CORPORATION OF FLORIDA, Appellant, v. SOUTHERN STEEL CONSTRUCTION COMPANY, Inc., a Florida Corporation, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied May 26, 1969.


Attorney(s) appearing for the Case

George A. Pierce, Jr., Jacksonville, for appellant.

E. Charles Oberdorfer, of Reinstine, Reinstine & Panken, Jacksonville, for appellee.


WIGGINTON, Chief Judge.

Defendant appeals a money judgment rendered in favor of plaintiff on a counterclaim seeking damages for breach of an oral warranty. The principal point on appeal questions the trial court's denial of defendant's motion for a directed verdict made at the close of plaintiff's case, and renewed after all evidence had been submitted.

Plaintiff sued defendant in an action of replevin seeking possession of an International tractor powered...

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