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LOUIS DeGIDIO, ETC. v. ACE ENGINEERING CO., INC.

Nos. 44131, 44270.

225 N.W.2d 217 (1974)

LOUIS DeGIDIO OIL AND GAS BURNER SALES AND SERVICE, INC., Respondent, v. ACE ENGINEERING COMPANY, INC., Appellant.

Supreme Court of Minnesota.

Rehearing Denied December 6, 1974.

Attorney(s) appearing for the Case

Curtin, Emerick & Mahoney, Minneapolis, for appellant.

Shanedling, Phillips, Gross & Aaron, Minneapolis, for respondent.

Heard before OTIS, MacLAUGHLIN, and YETKA, JJ., and considered and decided by the court en banc.

OTIS, Justice.

This is an action by a heating contractor against a furnace manufacturer to recover damages for breach of warranty and consequential damages. The jury awarded plaintiff $29,600 and defendant appeals from the judgment and from an order denying judgment n. o. v. or a remittitur or a new trial. We grant a remittitur of $1,750 and otherwise affirm.

There are two issues: First, whether plaintiff and defendant...

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