HOUSER, Commissioner.
This is an action in equity to rescind a contract for the purchase of a movable crane, for cancellation of the note and mortgage given in part payment therefor, and for refund of installments paid thereon, based upon breach of warranty.
Frank L. Witte, an excavating material and hauling contractor, sued Cooke Tractor Company, a corporate distributor and dealer in excavating equipment and machinery, alleging in his petition that plaintiff...
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