Geo. C. Christopher & Son, Inc. v. Kansas Paint & Color Co.

The opinion of the court was delivered by

Owsley, J.:

The defendant has filed a motion for rehearing challenging that part of the opinion dealing with the courts instructions on implied warranty of merchantability. The motion has been considered and is hereby denied.

In the original opinion filed June 15, 1974, we stated:

“. . . The court did not, as we interpret the instructions, submit the issue of implied warranty of merchantability. As we view the facts in this case the implied warranty was one of fitness for a particular purpose and an instruction on implied warranty of merchantability was…