GUMBS v. INTERNATIONAL HARVESTER, INC.

No. 82-3341.

718 F.2d 88 (1983)

Kenneth GUMBS and Yvonne Gumbs, Appellees, v. INTERNATIONAL HARVESTER, INC., Appellant.

United States Court of Appeals, Third Circuit.

Decided September 30, 1983.


Attorney(s) appearing for the Case

Richard H. Hunter (argued), Isherwood Hunter & Colianni, Christiansted, St. Croix, U.S.V.I., for appellant.

Desmond L. Maynard, St. Thomas, V.I., for appellees.

Before GIBBONS, SLOVITER and BECKER, Circuit Judges.


OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal in a Virgin Islands products liability case requires us to determine the quantum of evidence necessary to make out a case of breach of implied warranty of fitness for a particular purpose under U.C.C. § 2-315, V.I.Code Ann. tit. 11A, § 2-315 (1965). Because under this cause of action a buyer must prove that he actually relied on the seller's skill or judgment in selecting the goods in question...

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