SOULE, J.
Plaintiff brought an action to recover the unpaid portion of the price of a quantity of cinders delivered to the defendant. Defendant counterclaimed for expenses incurred because the plaintiff initially delivered cinders which failed to meet the size specifications. Plaintiff recovered on its action and defendant's claim was dismissed. Defendant appeals the dismissal of its counterclaim.
In July of 1973, Osaka Landscaping & Nursery, Inc. (defendant...
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