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MIN-A-CON EQUIPMENT CO. v. T.M.K. CONSTRUCTION CO.

No. 8140.

102 Ariz. 24 (1967)

424 P.2d 152

MIN-A-CON EQUIPMENT CO., a corporation, Appellant, v. T.M.K. CONSTRUCTION CO., a corporation, Appellee.

Supreme Court of Arizona, In Banc.

Rehearing Denied March 28, 1967.

Attorney(s) appearing for the Case

Jennings, Strouss, Salmon & Trask, and John S. Hobbs, Phoenix, for appellant.

McKesson, Renaud & Cook, and Fred J. Pain, Jr., Phoenix, for appellee.

STRUCKMEYER, Justice.

This appeal is from a judgment entered on a jury's verdict in favor of T.M.K. Construction Company against Min-A-Con Equipment Company. The complaint, in effect, stated a cause of action on implied warranty under A.R.S. § 44-215, subsec. 2, asserting that four tires purchased from the Min-A-Con Equipment Company for use on two earth-moving "Euclid" scrapers were not of merchantable quality.

It appears that in 1959 T.M.K. purchased...

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