[Download] "Tremeroli V. Austin Trailer Equipment Co." by First Appellate District, Division One District Court Of Appeal Of California ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Tremeroli V. Austin Trailer Equipment Co.
• Author : First Appellate District, Division One District Court Of Appeal Of California
• Release Date : January 26, 1951
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 78 KB

Description

This action was instituted by Johnny Tremeroli, doing business as Johnny's Trucking Service, against Austin Trailer Equipment Company, a Michigan corporation that manufactures trailer equipment and parts, and Utility Trailer Sales Company, a partnership that sells and installs trucking equipment, to recover damages for losses alleged to have occurred when a tractor and semitrailer of plaintiff were involved in an accident. The accident is alleged to have been caused by reason of the breaking of a portion of a so-called fifth wheel, the device which connects and holds the tractor and semitrailer together. This fifth wheel was manufactured by Austin and purchased from and installed by Utility. The complaint alleges two causes of action against each defendant -- one on the theory that defendants were negligent in various alleged particulars, and one for breach of warranty, which the evidence discloses was implied and not express. Each defendant denied the allegations of negligence, denied that there was any warranty, and affirmatively alleged contributory negligence on the part of plaintiff.

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