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FOAMADE INDUS., INC. v. LOUISVILLE TIMBER & W. PROD. CO.

449 S.W.2d 414 (1969)

FOAMADE INDUSTRIES, INC., Appellant, v. LOUISVILLE TIMBER & WOODEN PRODUCTS COMPANY, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied February 20, 1970.

Attorney(s) appearing for the Case

Irwin G. Waterman, Allan Weiss, Louisville, for appellant.

Oldham Clarke, James Cuneo, Frank Thiemann, Jr., Louisville, for appellee.

DAVIS, Commissioner.

Foamade Industries, Inc., sued Louisville Timber & Wooden Products Company, seeking recovery of the contract price of $14,674.40 which Louisville Timber had agreed to pay Foamade for 153 polyurethane blocks. Louisville Timber denied liability on the ground that the blocks furnished failed to meet specifications and asserted its counterclaim for $12,000 based on alleged breach of warranty. After certain discovery depositions were filed, each...

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