Rubber & Tire Materials Co. of Ohio v. Conley

OSBORNE, Judge.

The principal question presented to the court in this appeal is whether or not the buyer timely gave notice to the seller of a claimed breach of warranty.

This action began as a relatively simple law suit wherein the appellant, Rubber Tire & Materials Co. of Ohio, a rubber wholesaler, brought action against Woodford Conley, d/b/a Mountain Tire Service Co., Inc., to recover the arrears upon an account.

Appellant’s proof established that in July, 1961, appellant forwarded to G. C. Perry, III, an attorney, an account against appellee in the amount of $7,769.17. Shortly thereafter,…