[Download] "Lester A. Jones v. O. C. Allen" by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Lester A. Jones v. O. C. Allen
- Author : Supreme Court Of Utah
- Release Date : January 02, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
WORTHEN, Justice. Plaintiff, a truck repairman, ordered two barrels of oil from defendant which the jury found to be different
from and inferior to the oil ordered. Plaintiff ordered oil specified as 200 Kendall S.A.E. 140 gear lubricant, but received
much thinner oil. Plaintiff used the oil in two trucks and damage resulted. Plaintiff sued to recover for breach of implied
warranty. Sec. 60-1-14, U.C.A.1953 provides: 'Implied warranty in sale by description. -- Where there is a contract to sell or a sale of goods by description, there is
an implied warranty that the goods shall correspond with the description, and if the contract or sale is by sample as well
as by description, it is not sufficient that the bulk of the goods corresponds with the sample, if the goods do not also correspond
with the description.' The jury answered five special interrogatories in favor of plaintiff and returned a verdict for $1,168.86.
The jury found: