RAYL v. GEN. MOTORS CORP.

No. 18,114.

121 Ind. App. 608 (1951)

101 N.E.2d 433

RAYL ET AL. v. GENERAL MOTORS CORPORATION.

Court of Appeals of Indiana.

Filed November 5, 1951.


Attorney(s) appearing for the Case

Marshall, Hillis & Hillis; and Curtis W. Roll, both of Kokomo, for appellants.

Henry M. Hogan, of Detroit, Mich.; Fell, Life & Levan; and John C. Fell and Max C. Shirley (of counsel), all of Kokomo, for appellee.


CRUMPACKER, J.

The appellee, the plaintiff below, claiming to have bought and paid for 2,752 radio cabinets manufactured by the appellants, sued to recover the purchase price thereof alleging that latent defects made them unfit for use and thus breached an implied warranty as to their merchantability. The appellants defended on the theory (1) that the cabinets involved were made in accordance with a sample, blueprints and specifications furnished by the appellee;...

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