Hepp Brothers, Inc. v. Evans

BLACKBIRD, Justice.

This appeal involves an action for damages in the amount of $581.88 for breach of warranty on a floor covering consisting of Kentile “Pearl Inlaid” vinyl tile squares, or blocks, plaintiff in error, hereinafter referred to as defendant, sold and installed during August or September, 1960, in the kitchen and den of a new home being built in southern Oklahoma City for the defendants in error, hereinafter referred to either by name or as plaintiffs.

Plaintiffs did not file their petition in this action until August 29, 1963, but they alleged therein, among other things, that “…