Fabick Bros. Equipment Co. v. Leroux

RUARK, Presiding Judge.

This is an appeal from a judgment based on the warranty of a Cat which couldn’t hold its water.

Plaintiff Fabick Brothers Equipment Company sold to defendant James H. Le-roux “one used Cat.” (we understand this is the common, abbreviated, and popular term for a caterpillar tractor) “W/Hyd Dozer,” with equipment including “W/Cat #46 Hyd. Controls” and a “Cat. 6A Angle dozer,” at a price of $12,412.80. Taken in exchange was a “Farmall M. Tractor” and “Henry Back Hoe” at an agreed price of $3,500. Leroux executed an installment note (including time payment charges of…