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CHRISTOPHER & SON v. KANSAS PAINT & COLOR CO.

No. 47,364

215 Kan. 185 (1974)

523 P.2d 709

GEO C. CHRISTOPHER & SON, INC., Appellee, v. KANSAS PAINT & COLOR CO., INC., Appellant.

Supreme Court of Kansas.

Opinion filed June 15, 1974.

Attorney(s) appearing for the Case

Gerald Sawatzky, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause and Robert C. Foulston, of the same firm, was with him on the brief for the appellant.

Milo M. Unruh, of Arn, Mullins, Unruh, Kuhn & Wilson, of Wichita, argued the cause and Richard H. Price, Jr., of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

This action was based on the breach of an implied warranty to furnish a suitable paint to prime steel. In a jury trial the plaintiff prevailed, resulting in an appeal by defendant. The principal issue on appeal involves a construction of the rules relating to sales as set forth in the Uniform Commercial Code. (K.S.A. Chapter 84, Article 2.)

Plaintiff is a structural steel fabricating company with...

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