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United States

Circuit Court of Appeals

FOR THE NINTH CIRCUIT.

Fairbanks, Morse & Company,

a corporation.

Plaintiff in Error,

vs.

    1. Nelson,

Defendant in Error.

REPLY BRIEF

STATEMENT OF THE CASE.

The parties to this action entered into a written

contract for the sale by plaintiff in error and the pur-

chase by defendant in error of a machine known as a

30-60 horse-power tractor, for the sum of $3600, evi-

denced by three promissory notes for $1200 each. The

contract provided that "above engine is sold with the

understanding that it proves adequate for your work.

For the purpose of testing out engine, we agree to

furnish competent man for 2 days within 10 days of re-


archive.org Volume Name: govuscourtsca9briefs0862

Volume: http://archive.org/stream/govuscourtsca9briefs0862

Document Link: http://archive.org/stream/govuscourtsca9briefs0862#page/n507/mode/1up

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