O'CONNELL, Justice Pro Tem.
This is an action by the buyer for breach of an implied warranty of fitness for a particular purpose upon the sale of a rebuilt diesel engine by the seller. Defendant counterclaimed, seeking recovery of an unpaid promissory note executed by plaintiff as part payment for the engine. From a judgment for defendant, plaintiff appeals.
An initial question as to the scope of review is raised by plaintiff's contention that the present...
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