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LEXINGTON MACK, INC. v. MILLER

555 S.W.2d 249 (1977)

LEXINGTON MACK, INC., and Mack Financial Corporation, Appellants, v. Sam MILLER, Appellee.

Supreme Court of Kentucky.

Rehearing Denied October 7, 1977.

Attorney(s) appearing for the Case

Joseph M. Scott, Jr., Stoll, Keenon & Park, Lexington, for appellants.

Marcus Mann, Mann & Turner, Walter Turner, Salyersville, for appellee.

JONES, Justice.

This appeal involves the sale of a 1972 Mack dump truck by Lexington Mack, Inc. to Sam Miller. The motive for the purchase of a new truck by Miller was to trade in a 1971 Mack truck, which due to its size and weight, was illegal on the highways of this Commonwealth.

The trial court ruled that Miller suffered loss of use of the 1971 Mack trade-in truck from August 18, 1972, until December 18, 1972...

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