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WALKER v. HILLIARD

No. Y-146.

329 So.2d 44 (1976)

Lester WALKER, Appellant (Counterplaintiff), v. Donald HILLIARD, D/B/a Trenton Farm Equipment, Appellee (Counterdefendant).

District Court of Appeal of Florida, First District.

March 23, 1976.

Attorney(s) appearing for the Case

Jerry M. Blair of Airth, Sellers, Lewis, Cherry & Blair, Live Oak, for appellant.

John F. Roscow, III, and William D. Pridgeon of Scruggs, Carmichael, Long, Tomlinson, Roscow, Pridgeon & Langdon, Gainsville, for appellee.

MILLS, Judge.

Hilliard sold Walker a used tractor. The tractor was damaged by a flood and Walker returned it to Hilliard for repairs. While in Hilliard's possession, it was determined that the tractor was stolen. The rightful owner claimed it. The insurance company of Walker paid him for the damage to the tractor. Walker sued Hilliard for breach of warranty of title. The trial court awarded damages to Walker, but reduced the damages by the amount of the insurance...

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