CONCRETE EQUIP. CO. v. WILLIAM A. SMITH CONTRACT. CO., INC.

No. 70-C-132.

358 F.Supp. 1137 (1973)

CONCRETE EQUIPMENT COMPANY, Plaintiff, v. WILLIAM A. SMITH CONTRACTING CO., INC., et al., Defendants.

United States District Court, E. D. Wisconsin.

May 10, 1973.


Attorney(s) appearing for the Case

Quarles, Herriott, Clemons, Teschner & Noelke by James Urdan, Milwaukee, Wis., for plaintiff.

Kluwin, Dunphy, Hankin & Hayes by Gerald T. Hayes, Milwaukee, Wis., for defendants.


DECISION

MYRON L. GORDON, District Judge.

This lawsuit arises out of the sale of a concrete pump manufactured by the plaintiff. The pump in question, together with appurtenant equipment, repair and replacement parts was purchased by the defendants during June, 1969, for a total price of $47,499.00. A $10,000 payment toward the purchase price was made by the defendants at this time. The pump was intended for use in the construction of the Divide Tunnel and...

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