BASIN OIL CO. v. BAASH-ROSS TOOL CO.

Docket Nos. 19612-19613.

125 Cal.App.2d 578 (1954)

271 P.2d 122

BASIN OIL CO., Respondent, v. BAASH-ROSS TOOL COMPANY (a Corporation), Appellant.

Court of Appeals of California, Second District, Division Two.

May 28, 1954.


Attorney(s) appearing for the Case

Eugene S. Ives for Appellant.

Chandler, Wright, Tyler & Ward for Respondent.


FOX, J.

Defendant appeals from two judgments for damages (rendered in separate actions consolidated for trial), resulting from sales of defective suspension plugs to plaintiff. Plaintiff's complaints comprised counts based on breach of express and implied warranties and negligence in the design and manufacture of such plugs. Defendant pleaded as affirmative defenses contributory negligence, plaintiff's failure to mitigate damages, and a limitation of liability clause...

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