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MOSS v. GARDNER

No. 5-1366.

310 S.W.2d 491 (1958)

W. E. MOSS and W. E. Moss, Jr., Partners, D/B/A Moss Truck & Tractor Company, Appellant, v. Dr. B. M. GARDNER, Appellee.

Supreme Court of Arkansas.

March 3, 1958.

Attorney(s) appearing for the Case

Lasley & Lovett, Little Rock, for appellant.

William H. Drew, Lake Village, for appellee.

RALPH W. ROBINSON, Special Justice.

The question to be determined on this appeal is whether the parties to a sales contract can waive, and by express contract have waived, the implied warranties afforded by the Uniform Sales Act.1

On May 9, 1955 appellee, Dr. B. M. Gardner, purchased a new McCormick hay baler from Moss Truck & Tractor Company, a partnership composed of W. E. Moss and W. E. Moss, Jr. Dr. Gardner traded in an...

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