Authorized Supply Co. of Arizona v. Swift & Co.
Opinion
Lead Opinion
We granted appellee Swift & Company’s petition for rehearing in order to consider such appellee’s contention that our decision reported in 271 F.2d 242 sanctions partial rescission of an indivisible, non-severable contract for the sale of goods.
Our conclusions in that opinion were predicated on the following statement which appears on page 244:
We adhere to the conclusions stated in that opinion based on the quoted statement. On this rehearing appellee Swift & Company has practically, if not completely, abandoned the theory upon which the case was presented to us, both by briefs and oral arguments — i. e., that the transaction between appellee Swift & Company and appellants Arizona York Refrigeration Company and Southern Arizona York Refrigeration Company is a contract for the sale of goods falling within the confines of the provisions of the Uniform Sales Act, Section 44-201 et seq. of Arizona Revised Statutes. In its brief filed after rehearing was granted appellee Swift & Company states:
No such contention appears in such appellee’s brief filed prior to the original hearing, nor was it mentioned by such appellee on oral argument.