KAPP v. BOB SULLIVAN CHEVROLET CO.

No. 5-2132.

335 S.W.2d 819 (1960)

C. W. KAPP and Mrs. Nancy B. Kapp, his wife, Appellants, v. BOB SULLIVAN CHEVROLET CO., a Corporation, Appellee.

Supreme Court of Arkansas.

May 23, 1960.


Attorney(s) appearing for the Case

James M. Roy and Elsijane Trimble Roy, Blytheville, for appellants.

Gardner & Steinsiek, Reid & Burge and Charles M. Love, Blytheville, for appellee.


JOHNSON, Justice.

This case involves the question of whether bringing an action for tortious conduct (negligence and misrepresentation) growing out of a particular set of facts will bar the bringing of a later suit on implied and express warranty, also based on the same set of facts.

Appellants, C. W. Kapp and Mrs. Nancy B. Kapp, are residents of Blytheville, and appellee, Bob Sullivan Chevrolet Company, has its place of business there. Appellee sold and installed...

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