Leeper v. Banks

EDWARD P. HILL, Jr., Justice.

This is an appeal from an order granting a summary judgment to appellee in appellant’s civil action for damages based upon a charge of breach of an implied warranty on a can of starch sold by the appellee to appellant on November 30, 1967.

The lone question presented in appellant’s brief is “whether a purchaser of a packaged item from a retail grocer is barred from recovery for a claim of alleged breach of warranty under Section KRS 355.2-607 because the purchaser did not notify grocer until civil action was filed which was about a year after said purchaser…