FIRESTONE TIRE & RUBBER CO. v. CANNON

No. 1028, September Term. 1982.

53 Md. App. 106 (1982)

452 A.2d 192

THE FIRESTONE TIRE AND RUBBER COMPANY v. JAMES H. CANNON T/A CANNON TRUCKING ET AL.

Court of Special Appeals of Maryland.

Decided November 9, 1982.


Attorney(s) appearing for the Case

Deborah E. Jennings, with whom was Edward S. Digges, Jr., on the brief, for appellant.

William H. Adkins, III. with whom were Henry, Hairston & Price on the brief, for appellees.

The cause was argued before LOWE, WILNER and WEANT, JJ.


WILNER, J., delivered the opinion of the Court. LOWE, J., files a concurring opinion at page 119 infra.

The narrow question presented in this appeal is whether a buyer of goods may sue a person other than his immediate seller for breach of implied warranty without having given that person timely notice of the alleged defect. Restated: Does Md. Code Ann., Comm. Law art. § 2-607 (3) (a) require a buyer to give notice of a claimed breach of implied warranty...

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