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A.A. BAXTER CORP. v. COLT INDUSTRIES, INC.

Docket No. 9585.

10 Cal.App.3d 144 (1970)

88 Cal. Rptr. 842

A.A. BAXTER CORPORATION, Plaintiff and Respondent, v. COLT INDUSTRIES, INC., et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division One.

July 31, 1970.

Attorney(s) appearing for the Case

COUNSEL

McInnis, Fitzgerald & Wilkey and Laurence L. Pillsbury for Defendants and Appellants.

Gray, Cary, Ames & Frye, J. Clifford Wallace, F.P. Crowell and Timothy V. McFarland for Plaintiff and Respondent.

OPINION

WHELAN, J.

A.A. Baxter Corporation (plaintiff) brought this action to recover damages caused because defendants, Colt Industries, Inc. (Colt), a corporation, Fairbanks Morse, Inc., a corporation (maker), and Fairbanks, Morse & Company, a corporation (lessor) failed to deliver a truck scale according to a delivery schedule contained in a lease between lessor and plaintiff as lessee.

Plaintiff is a contractor which...

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