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P & S LEASING CO. v. RAY SMITH FORD, INC.

No. 10162.

553 S.W.2d 733 (1977)

P & S LEASING COMPANY, Plaintiff-Appellant, v. RAY SMITH FORD, INC., Defendant-Respondent, and Ford Motor Company, Defendant.

Missouri Court of Appeals, Springfield District.

July 7, 1977.

Attorney(s) appearing for the Case

B. H. Clampett, Daniel, Clampett, Ellis, Rittershouse & Dalton, Springfield, for plaintiff-appellant.

David W. Bernhardt, Bussell, Hough, Bernhardt, Leighton & O'Neal, Springfield, for defendant-respondent.

Before STONE, P. J., and HOGAN and TITUS, JJ.

TITUS, Judge.

Plaintiff P & S Leasing Company (in the business of leasing trucks to the Pepsi-Cola & 7-Up Bottling Company of Springfield) purchased five Ford trucks from defendant Ray Smith Ford, Inc., under a contract which specified, inter alia, that the trucks would be equipped with 15 × 6 inch rear brakes. As delivered, the trucks were equipped with 16½ × 4½ inch rear brakes. Contending that the smaller brakes diminished the value...

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