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FRANTZ, INC. v. BLUE GRASS HAMS, INC.

520 S.W.2d 313 (1974)

FRANTZ, INC., Appellant, v. BLUE GRASS HAMS, INC., Appellee. BROCK-McVEY REFRIGERATION SUPPLY CO., Appellant, v. BLUE GRASS HAMS, INC., Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing March 7, 1975.

As Modified May 12, 1975.

Attorney(s) appearing for the Case

S. M. Nash, Jr., Nash & Cox, Lexington, for Frantz, Inc.

B. L. Kessinger, Jr., Harbison, Kessinger, Lisle & Bush, Lexington, for Blue Grass Hams, Inc.

Frank G. Gilliam, Gilliam & Bush, Lexington, for Brock-McVey Refrigeration Supply Co.

STEINFELD, Justice.

Appellee Blue Grass Hams, Inc., was formed in 1967 to engage in the business of quick-curing hams. A cooling system, an essential piece of equipment, was installed, but it failed to operate properly. Blue Grass brought suit against Frantz, Inc., a mechanical contracting firm which had supplied the equipment under an oral agreement with Blue Grass. Frantz filed a third-party complaint against Kremer-Trenton, Inc., manufacturer of the cooling system...

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