OSBURN v. BENDIX HOME SYSTEMS, INC.

Nos. 50470, 50478.

613 P.2d 445 (1980)

Vernon L. OSBURN and Phyllis Osburn, husband and wife, Appellees, v. BENDIX HOME SYSTEMS, INC., and American Mobile Homes of Okla., Inc., Appellants, (two cases).

Supreme Court of Oklahoma.

Rehearing Denied July 21, 1980.


Attorney(s) appearing for the Case

Erwin & Butts by Larry K. Lenora, Chandler, for appellant Bendix Home Systems, Inc.

Farmer, Woolsey, Tips & Gibson by Theodore P. Gibson, Tulsa, for appellant American Mobile Homes of Okla., Inc.

Richard James by R. Patrick Gilmore, Stroud, for appellees.


OPALA, Justice:

Issues presented by this appeal are: [1] Was the evidence with respect to the existence of defects sufficient to sustain a legal claim for breach of warranty? [2] Did the limitation-of-remedy clause in manufacturer's warranty "fail of its essential purpose" so as to make expanded UCC remedies available to the buyer under 12A O.S. 1971 § 2-719(2)? [3] Did the trial court err in not directing the jury to...

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