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HORROCKS v. WESTFALIA SYSTEMAT

No. 940201-CA.

892 P.2d 14 (1995)

Garold HORROCKS, Plaintiff and Appellee, v. WESTFALIA SYSTEMAT, a division of Centrico, Inc.; and Magic Valley Quality Milk Producers, Inc., Defendants and Appellant.

Court of Appeals of Utah.

March 3, 1995.

Attorney(s) appearing for the Case

Paul D. Lyman, Richfield, for appellant.

Marcus Taylor, Richfield, for appellee.

Before BILLINGS, DAVIS and GREENWOOD, JJ.

OPINION

BILLINGS, Judge:

Westfalia Systemat (Westfalia) appeals the trial court's findings and judgment excusing the buyer-appellee, Garold Horrocks (Horrocks), from remitting the balance due for milking equipment which Westfalia had not delivered under a contract between the parties. Westfalia contends that because Horrocks signed an acknowledgment declaring that he had received all of the equipment, Horrocks and not Westfalia should bear the responsibility...

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