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W W LEASING UNLIMITED v. TOROK EXPLORATION, ETC.

No. 76-2708.

575 F.2d 1259 (1978)

W W LEASING UNLIMITED, Plaintiff-Appellee, v. TOROK EXPLORATION, MINING AND CONSTRUCTION CO., INC., and John Torok, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 8, 1978.

Attorney(s) appearing for the Case

E. A. Hollingsworth (argued), Reno, Nev., for defendants-appellants.

Richard B. Weinstein (argued), San Francisco, Cal., for plaintiff-appellee.

Before CHOY and GOODWIN, Circuit Judges, and HOFFMAN, District Judge.

CHOY, Circuit Judge:

The sole issue in this appeal is the appropriate measure of damages for breach of contract. We affirm in part and reverse and remand in part.

Torok Exploration, Mining and Construction Co. (Torok) ordered a front-end loader from Conexco, Inc., d.b.a. Sierra Machinery & Industrial (Sierra). When financing proved unavailable, Sierra agreed to rent the loader to Torok for six months with an option to purchase. On April 17, 1973, Torok...

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