MARILYN SHOE CO. v. MARTIN'S SHOE STORE


253 S.W.2d 18 (1952)

MARILYN SHOE CO. v. MARTIN'S SHOE STORE, Inc.

Court of Appeals of Kentucky.

November 21, 1952.


Attorney(s) appearing for the Case

Troy D. Savage, Lexington, for appellant.

William B. Gess, Jack F. Mattingly, Lexington, for appellee.


WADDILL, Commissioner.

The appellant, Marilyn Shoe Company, a manufacturer of women's shoes, brought suit against appellee, Martin's Shoe Store, for the price of 200 pairs of shoes allegedly purchased by appellee under an oral sales contract. The court gave a peremptory instruction and judgment for defendant dismissing appellant's complaint.

The issues raised on appeal are whether there was an acceptance of the goods so as to take this contract from under...

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