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INLAND PRODUCTS CORPORATION v. DONOVAN INCORPORATED

Nos. 35,764, 35,889.

240 Minn. 365 (1953)

INLAND PRODUCTS CORPORATION v. DONOVAN INCORPORATED. BOYER & GILFILLAN MOTOR COMPANY AND OTHERS, THIRD-PARTY DEFENDANTS.

Supreme Court of Minnesota.

December 4, 1953.

Attorney(s) appearing for the Case

Joseph Maun, Mandt Torrison, Jerome B. Simon, and Bundlie, Kelley, Finley & Maun, for appellant-respondent Donovan Incorporated.

Doherty, Rumble, Butler & Mitchell and Haugland & Abdo, for respondent-appellant Inland Products Corporation and respondents-third-party defendants.

DELL, CHIEF JUSTICE.

Plaintiff, a distributor of farm machinery, brought this action against the defendant, a metal fabricating concern, claiming damages for certain alleged breaches in two contracts under which the defendant was to manufacture farm implements to be sold by the plaintiff. The alleged breaches consisted of the unauthorized substitutions of critical materials and nonconformance to contract specifications which resulted in inferior and defective machines...

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