HALTERMAN v. LOUISVILLE BRIDGE & IRON CO.


254 S.W.2d 493 (1953)

HALTERMAN v. LOUISVILLE BRIDGE & IRON CO.

Court of Appeals of Kentucky.

January 23, 1953.


Attorney(s) appearing for the Case

Duncan, Humphrey, Peabody & Oldham, Louisville, for appellant.

Grover G. Sales, Louisville, for appellee.


MILLIKEN, Justice.

The sole question in this case is whether there can be an implied warranty of fitness for a particular purpose of a specified article sold under its patent or other trade name. Two apparently conflicting subsections of KRS 361.150, our Kentucky enactment of Section 15 of the Uniform Sales Act, are involved:

"(1) Where the buyer, expressly or by implication, makes known to the seller the particular...

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