GRAMLING v. BALTZ

No. 5-5905.

485 S.W.2d 183 (1972)

Lindy GRAMLING, Appellant, v. Henry BALTZ, d/b/a Lawrence County Equipment Co. & International Harvester Co., a Foreign Corp., Appellees.

Supreme Court of Arkansas.

Supplemental Opinion on Denial of Rehearing October 23, 1972.


Attorney(s) appearing for the Case

Kirsch, Cathey & Brown, John C. Watkins, Paragould, for appellant.

Owens, McHaney & McHaney, by John C. Calhoun, Jr., Little Rock, for appellees.


HOLT, Justice.

This is a suit by appellant, a buyer, to recover damages from appellee-Baltz, the seller, and appellee-International Harvester Co., the manufacturer of a truck. The appellant alleged a breach of express warranty and, also, a breach of an implied warranty of merchantability and fitness of the truck for a particular purpose. At the conclusion of appellant's case, the court found that appellant had failed to proffer substantial evidence to support his...

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