Wawak v. Stewart

In its approach to adoption of the modern rule, the majority has overlooked one important step in establishing a liability for breach of an implied warranty. The first step toward the application of the rule adopted is the necessity for evidence establishing a breach. The burden is on one asserting such a breach to prove it. Hydrotex Industries v. Sharp, 212 Ark. 886, 208 S. W. 2d 183; Highsmith Brothers v. Hammonds, 99, Ark. 400, 138 S. W. 635; American Standard Jewelry Co. v. R. J. Hill & Son, 90 Ark. 78, 117 S. W. 781; Elmore v. Booth, 83 Ark. 47, 102 S. W. 393.

The rules regarding this…