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BIRI-NEWPORT, INC. v. LEIBER

No. 19171.

739 P.2d 614 (1985)

BIRI-NEWPORT, INC., Plaintiff and Appellant, v. Alfred LEIBER, Defendant and Respondent.

Supreme Court of Utah.

September 9, 1985.

Attorney(s) appearing for the Case

Richard K. Crandall, Snow, Christensen & Martineau, Salt Lake City, for defendant and respondent.

Robert B. Hansen, Salt Lake City, for plaintiff and appellant.

STEWART, Justice:

In May, 1974, the plaintiff Biri-Newport, which supplies chemicals to dry cleaners, contracted with the defendant Alfred Leiber dba Chemopharm Laboratories to manufacture the chemicals Biri-Newport supplied to its customers. Biri-Newport agreed in writing that the chemicals it purchased from Chemopharm were sold without warranty. In 1979, Chemopharm incorporated and in its incorporated form sued Biri-Newport. Biri-Newport counterclaimed for damages...

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