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MACK TRUCKS OF ARKANSAS, INC. v. JET ASPHALT AND ROCK CO.

No. 5-4761.

437 S.W.2d 459 (1969)

MACK TRUCKS OF ARKANSAS, INC. and Mack Trucks, Inc., Appellants, v. JET ASPHALT AND ROCK CO. et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied March 17, 1969

Attorney(s) appearing for the Case

Brown, Compton, Prewett & Dickens, El Dorado, for appellants.

Crumpler, O'Connor, Wynne & Mays, El Dorado, for appellees.

FOGLEMAN, Justice.

Appellants seek relief from a judgment against them for $5,000 as damages for breach of implied warranty of fitness of two diesel truck engines. Appellant Mack Trucks, Inc., is a manufacturer of trucks and diesel engines. Appellant Mack Trucks of Arkansas, Inc., is a Mack truck dealer.

On or about September 13, 1965, a partnership of Haynie & Williams purchased two Mack diesel trucks from the dealer. The purchase was made on special...

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