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RUBBER & TIRE MATERIALS CO. OF OHIO v. CONLEY

459 S.W.2d 609 (1970)

RUBBER & TIRE MATERIALS CO. OF OHIO, Appellant, v. Woodford CONLEY d/b/a Mountain Tire Service & Mountain Service Co., Inc., Appellee.

Court of Appeals of Kentucky.

November 6, 1970.

Attorney(s) appearing for the Case

Perry & Greene, Paintsville, for appellant.

Eugene C. Rice, S. Howes Johnson, Paintsville, for appellee.

OSBORNE, Judge.

The principal question presented to the court in this appeal is whether or not the buyer timely gave notice to the seller of a claimed breach of warranty.

This action began as a relatively simple law suit wherein the appellant, Rubber Tire & Materials Co. of Ohio, a rubber wholesaler, brought action against Woodford Conley, d/b/a Mountain Tire Service Co., Inc., to recover the arrears upon an account.

Appellant's proof established...

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