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NICK'S AUTO SALES v. RADCLIFF AUTO SALES

591 S.W.2d 709 (1979)

NICK'S AUTO SALES, INC., Appellant, v. RADCLIFF AUTO SALES, INC., C. M. Davis d/b/a Toppers Used Cars, Jay Kidder d/b/a G & G Sales, Appellees.

Court of Appeals of Kentucky.

December 14, 1979.

Attorney(s) appearing for the Case

Donald E. Skeeters, Skeeters & Bennett, Radcliff, for appellant.

George K. Harris, Radcliff, Ronald E. Meredith, Kelley & Meredith, D. Michael Coyle, Elizabethtown, for appellees.

Before HAYES, C. J., and LESTER and WINTERSHEIMER, JJ.

HAYES, Chief Judge.

This is an appeal from a judgment of the Hardin Circuit Court wherein appellant's demand for attorney's fees in an action based on KRS 355.2-715 was denied. The sole issue on this appeal is whether attorney's fees constitute a buyer's incidental or consequential damage recoverable under KRS 355.2-715.

The appellant, Nick's Auto Sales, Inc., on or about May 15, 1978, purchased from the appellee...

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