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UNITED ENGINES, INC. v. McCONNELL CONST., INC.

No. 51010.

641 P.2d 1101 (1980)

UNITED ENGINES, INC., Appellee, v. McCONNELL CONSTRUCTION, INC., Appellant.

Supreme Court of Oklahoma.

As Corrected July 31, 1981.

Rehearing Denied November 23, 1981.

Attorney(s) appearing for the Case

Kerr, Davis, Irvine, Krasnow, Rhodes & Semtner by Michael E. Krasnow, Oklahoma City, for appellee.

Kornfeld, McMillin, Phillips & Upp by Joe E. Edwards, Oklahoma City, for appellant.

BARNES, Justice:

This case was commenced as an action on an open account for merchandise sold and services rendered in the overhauling of a bulldozer diesel engine performed by the plaintiff below, United Engines, Inc. (United). The defendant, McConnell Construction, Inc. (McConnell), filed a general denial and cross-petition, seeking damages on a theory of an implied warranty that the repaired engine would be returned in...

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