Legal Opinion
Clyde Equipment Co. v. Fiorito
Court of Appeals for the Ninth Circuit
Decided November 29, 1926No. 4787PublishedCited by 11 opinions
1Opinion of the Court
KERRIGAN, District Judge.
This was an action brought by N. Eiorito et al. against the Clyde Equipment Company to recover the sum of $14,637.46 as special damages for the breach of a warranty in a contract for the sale of certain machinery, and is now before the court on writ of error to review a judgment awarded against defendant in the sum of $6,729.22 and interest, as such special damages.
To the cause of action two affirmative defenses were pleaded. In the first it was. alleged that there was a written contract between the parties which in part provided that no liability should attach to the…
2Cases cited2 opinions
- Breeze v. BrooksCalifornia Supreme Court · 1892
- Burleigh v. Consumers Publishing Co.Washington Supreme Court · 1917
3Cited by11 opinions
- Triangle Conduit & Cable Co. v. Federal Trade CommissionCourt of Appeals for the Seventh Circuit · 1948
- Bagwell v. SusmanCourt of Appeals for the Sixth Circuit · 1947
- Staley v. Fazel Bros. Co.Supreme Court of Iowa · 1956
- Title Guaranty & Surety Co. v. Missouri ex. rel. StormfeltzCourt of Appeals for the Eighth Circuit · 1939
- Authorized Supply Company of Arizona, a Corporation v. Swift & Company, a Corporation Arizona York Refrigeration Company, a Corporation, and Southern Arizona York Refrigeration Company, a Corporation, Arizona York Refrigeration Company, a Corporation, and Southern Arizona York Refrigeration Company, a Corporation v. Swift & Company, a CorporationCourt of Appeals for the Ninth Circuit · 1960
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