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FERNANDEZ v. WESTERN R.R. BUILDERS, INC.

No. 16162.

736 P.2d 1361 (1987)

112 Idaho 907

Henry FERNANDEZ, d/b/a Henry's Scrap Metals, Plaintiff-Counter-defendant-Appellant, v. WESTERN RAIL ROAD BUILDERS, INC., a corporation, Defendant-Counter-claimant-Respondent.

Court of Appeals of Idaho.

April 21, 1987.

Attorney(s) appearing for the Case

Robert C. Paine of Webb, Burton, Carlson, Pedersen & Paine, Twin Falls, for plaintiff-counterdefendant-appellant.

Ron Kerl of Green, Service, Gasser & Kerl, Pocatello, for defendant-counterclaimant-respondent.

PER CURIAM.

This case presents issues of mutual mistake and revocation of acceptance in a commercial transaction. Western Rail Road Builders, Inc., purchased four items of used railroad maintenance equipment from Henry Fernandez, a salvage dealer in Pocatello. It turned out that two of the machines could not perform all functions that such machines ordinarily perform. Fernandez brought this action to collect the sales price of the two machines. Western counterclaimed...

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