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BOESE-HILBURN CO. v. DEAN MACHINERY CO.

No. WD 30990.

616 S.W.2d 520 (1981)

The BOESE-HILBURN COMPANY, Appellant, v. DEAN MACHINERY COMPANY, Respondent.

Missouri Court of Appeals, Western District.

As Modified On Own Motion May 4, 1981.

Application for Transfer Denied June 8, 1981.

Attorney(s) appearing for the Case

Robert A. Babcock, Timothy L. Brake, Kansas City (Margolin & Kirwan, Kansas City, of counsel), for appellant.

Steven G. Emerson, Morris, Larson, King, Stamper & Bold, Kansas City, for respondent.

Before CLARK, P. J., and DIXON and SOMERVILLE, JJ.

As Modified On Court's Own Motion May 4, 1981.

SOMERVILLE, Judge.

An action was brought by The Boese-Hilburn Company (Boese-Hilburn) against Dean Machinery Company (Dean Machinery) for damages for breach of an express warranty. The warranty relied upon, which was contained in a "Purchase Order" issued by Boese-Hilburn, was inconsistent with one of the terms of a "Quotation" submitted by Dean Machinery for the sale of certain equipment. A jury was waived, judgment...

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