Bruce v. Calhoun First National Bank

Marshall, Judge.

This appeal contests the legal accuracy and factual propriety of trial court instructions on express and implied warranties of Article 2 of the Uniform Commercial Code.

The suit arose out of . a sale by appellees (defendants below) of some 76 rolls of mixed types of broadloom carpet to appellants (plaintiffs below). The carpets were "close-out” or "discontinued styles” which the appellees had on hand after sale of their carpet company to another company. Appellees hired an agent named Eller to advertise and arrange for the sale of the carpet. On the day of the sale the rolls of…