McCRAY v. WESTERN AUTO SUPPLY COMPANY

No. 15755.

337 F.2d 854 (1964)

Harold C. McCRAY, Plaintiff-Appellee, v. WESTERN AUTO SUPPLY COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

November 5, 1964.


Attorney(s) appearing for the Case

Carl L. Wedekind, Jr., Louisville, Ky., Stites, Peabody & Helm, Louisville, Ky., on brief, for defendant-appellant.

David L. Waterman, Louisville, Ky., for plaintiff-appellee.

Before WEICK, Chief Judge, and PHILLIPS and EDWARDS, Circuit Judges.


PER CURIAM.

Plaintiff was a customer in the retail store of the defendant located at a shopping center near Louisville, Kentucky. He desired to purchase a used power lawnmower. The third lawnmower shown to him by the manager of the store had an automatic starter to start the gasoline operated motor which was called an "impulse" or "recoil" starter. Plaintiff inquired as to the selling price of this mower. The manager went to a different part of the store to ascertain...

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