Kays v. Fisher

LATIMER, Justice. Appellants instituted this action seeking to recover damages resulting from alleged lack of merchantable quality and fitness of a furnace purchased from appellees. At the close of plaintiff's testimony the court peremptorily instructed the jury to find for defendant. The allegations of the petition clearly bring to issue the question of implied warranty, the alleged breach of which is solely relied upon for the claim of damages. No controversy exists as to the sale and installation of the furnace. The furnace was installed and placed in operation by appellee with instructions to leave it burning as set.