Wimmer v. Filizola

The opinion of the court was delivered by

Parker, J.:

This was an action to recover damages for breach of implied warranties on the part of defendant in failing to construct a frozen food locker plant in conformity with the terms of a construction contract.

The all decisive issue raised by the appeal is such that detailed allegations of the pleadings are of little consequence and would merely encumber our opinion. For that reason all pleadings will be briefly summarized.

Plaintiff’s third amended petition filed in the district court of Rourbon county on June 24,1949, alleges the execution of a…