Under the influence of the microwave field, these closed cells inflate and therefore bring the susceptor layer in closer contact to the food product. The problem with such a solution is that it is not possible to guarantee a continuous contact with the food product, because of the non flat surface of the inflated cells; the susceptor is therefore not fully in contact with the food product. Furthermore, the composition of the overall packaging material of this patent is complex and is composed of several layers, which finally leads to an expensive solution. The film according to this invention is multi-layers and besides the shrink base film comprises also a microwave susceptor layer, an adhesive layer for holding the surrounding layers together, and eventually a protective layer as well as a heat sealable layer.
Where assignments of error are made in the petition in error and set forth in the brief, but are not argued in the brief, and are too general and indefinite to indicate the particular error complained of, such assignments of error will be treated as waived and will not be considered on appeal. Commissioners' Opinion, Division No.
Judgment for plaintiff, and defendant appeals. Gee, for plaintiff in error. The defendant admitted the execution of the note, but contended, among other things, that he was induced to sign the note by false and fraudulent representations on the part of plaintiff's agent.
It appears that on March 5,defendant purchased of plaintiff company a small lighting plant described as a carbide generator model N. At that time he executed a written contract of purchase containing description and warranties of the generator. Thereafter, on March 17,defendant executed and delivered to plaintiff his promissory note for the purchase price payable one year from date.
When the note matured defendant was unable to pay same, and on September 18,he executed the renewal note sued upon, which included, as principal, the interest accrued to that date.
The defense was that at and prior to the execution of the contract and note, plaintiff's agent induced defendant to sign the contract and note by making certain oral fraudulent representations, which amounted to warranties, and that the generator did not come up to these warranties so made.
The defendant also, by way of cross-petition, claimed damages by reason of the breach of warranties.
At the trial, defendant, having admitted the execution of the note, assumed the burden of procedure and offered his evidence. At the close of defendant's evidence, plaintiff moved for an instructed verdict on the ground that defendant had failed to establish a defense to the note, which motion was sustained, and the jury under instructions returned a verdict for plaintiff for the amount of the note and interest.
Motion for new trial having been overruled, defendant has appealed. Following this assignment of error, counsel sets forth the six grounds for new trial incorporated in his motion, but does not point out which one or ones are relied upon, and makes no argument under this assignment of error in support thereof.
This assignment of error is entirely too general and indefinite to be here considered. Assignment of error No.
This assignment of error is not argued, and our attention is not called to any particular error under this assignment. Both of these assignments of error are too indefinite for a consideration, and will be treated as waived, since no argument is presented in support thereof.
Was evidence of prior and contemporaneous oral negotiations and stipulations admissible in evidence for the purpose of establishing a defense, when the same tended to vary and contradict the written order upon which the light plant was sold?
Defendant attempted to prove that plaintiff's representative who sold the carbide light system to defendant represented that the system would furnish lights cheaper than coal oil lamps, or any other system of lighting; that said agent orally represented that the generator would not freeze, and warranted that the same would give ten years' service.
Objections to the most of this testimony were sustained, and this seems to be the principal complaint made in this court. Defendant admitted that he executed a written contract for the purchase of the light plant.
He testified that he could read and write and did read the contract. Under this state of facts, was the offered evidence of the oral statements of the agent admissible in evidence? The written order, or sales contract, executed by defendant, warranted the apparatus to be thoroughly durable, galvanized steel acetylene generator, automatic in action, and good material and workmanship; and that it was on the permitted list of the National Board of Fire Underwriters.
These constitute the only express warranties in the written order or contract. The contract contained the following pertinent provision: It is further understood that upon the acceptance of this order, that contract so made cannot be canceled, altered or modified by the purchaser of any agent of the company, or in any manner, except by agreement in writing between the purchaser and the company acting by one of its officers.
In the Florence Case, the defense was that at the time of the sale of the generator, plaintiff's agent represented that it would burn five lights for three months on 50 pounds of carbide, and that plaintiff would maintain a station at Comanche, Okla.Lesbian, gay, bisexual, and transgender (LGBT) rights in the United States of America vary by schwenkreis.com June 26, , sexual activity between consenting adults of the same sex as well as same-sex adolescents of a close age has been legal nationwide, pursuant to the U.S.
Supreme Court ruling in Lawrence v. Texas. Alexandra D’Avino Section Conformation number Bamidele Adekunle Mini-Assignment #1 – Case: McCain Foods Limited Globalization is the widespread interdependence of resource flows, product markets and business competition that distinguishes a whole new economy.
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Mini-Assignment #1 – Case: McCain Foods Limited Using the case titled 'McCain Foods Limited: Global Fries—Good in Any Language' on pages in your text, please answer the following questions: 1.
Case: McCain Frozen Pizza Targets Teens About the Company McCAIN Foods Limited is an international leader in the frozen food industry, employing 20, people and operating 50 production facilities on six continents.