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RICH'S RESTAURANT v. McFANN ENTERPRISES, INC.

No. 76-489.

570 P.2d 1305 (1977)

RICH'S RESTAURANT, INC., a Colorado Corporation, Plaintiff-Appellant, v. McFANN ENTERPRISES, INC., a Colorado Corporation, doing business under the name and style of Hy-Grade Meat Specialties Company, Defendant-Appellee.

Colorado Court of Appeals, Division II.

Rehearing Denied September 1, 1977.

Certiorari Denied November 7, 1977.

Attorney(s) appearing for the Case

Litvak & Karsh, Lawrence Litvak, Denver, for plaintiff-appellant.

Marranzino & Tinkler, Stephen E. Tinkler, Denver, for defendant-appellee.

RULAND, Judge.

Plaintiff, Rich's Restaurant, Inc., appeals from the trial court's judgment denying recovery from defendant, McFann Enterprises, Inc., for defendant's breach of warranty under a contract for the sale of goods. We reverse and remand the case for further proceedings.

The following facts were established in a trial to the court. From 1955 to 1970, plaintiff operated several restaurants in the Denver area...

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