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AUSTIN v. WESTERN AUTO SUPPLY CO.

No. 52535.

421 S.W.2d 203 (1967)

Roy AUSTIN, Appellant, v. WESTERN AUTO SUPPLY CO., a Corporation, Respondent.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or for Transfer Denied December 11, 1967.

Attorney(s) appearing for the Case

E. E. Thompson, Thomas A. Sweeny, James N. Cameron, Kansas City, for plaintiff-appellant, Popham, Thompson, Popham, Trusty & Conway, Kansas City, of counsel.

James W. Benjamin, Rogers, Field & Gentry, Kansas City, for defendant-respondent.

Motion for Rehearing or for Transfer to Court En Banc Denied December 11, 1967.

DONNELLY, Judge.

In this jury-tried action, plaintiff sought damages in the amount of $175,000 for bodily injuries suffered October 2, 1964, in Jackson County, Missouri. The jury returned a verdict for defendant. Plaintiff appealed.

The action is for breach of an implied warranty of suitability and fitness. The applicable rule of law is that "* * * where the seller, be...

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