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FISHER v. FLORENCE STOVE COMPANY

249 S.W.2d 155 (1952)

Milton FISHER, D/B/A M. Fisher Furniture Co., Appellant v. FLORENCE STOVE COMPANY, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied June 13, 1952.

Attorney(s) appearing for the Case

Louis Brownstein, Louisville, for appellant.

Davis, Boehl, Viser & Marcus, Louisville, for appellee.

LATIMER, Justice.

The original petition in the case of Kays v. Fisher, Ky., 250 S.W.2d 329, this day decided, was to recover for damages to property allegedly caused by fire originating from an oil furnace purchased from appellee in that action. The action was based upon alleged breach of implied warranty as to fitness.

Appellee in that action filed a cross-petition against Florence Stove Company,

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