SMITH v. SHARPENSTEEN

No. 46090.

521 P.2d 394 (1974)

Melvin E. SMITH, Appellee, v. Jack SHARPENSTEEN, Sr., and Jack Sharpensteen, Jr., d/b/a S and S Materials Company, Appellants.

Supreme Court of Oklahoma.

April 9, 1974.


Attorney(s) appearing for the Case

Joseph G. Breaune, Miami, for appellee.

Charles C. Chesnut, Miami, for appellants.


WILLIAMS, Vice Chief Justice.

This is an application for certiorari for review of a judgment of the Court of Appeals, Div. No. 1, which in effect affirmed the trial court's judgment for plaintiff on the issue of liability and reversed for a new trial on the question of damages.

Plaintiff's action was for damages for the breach of an implied warranty of fitness incident to a lease-purchase agreement covering a diesel-powered truck-tractor. Defendants' answer...

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