Min-A-Con Equipment Co. v. T. M. K. Construction Co.

STRUCKMEYER, Justice.

This appeal is from a judgment entered on a jury’s verdict in favor of T.M.K. Construction Company against Min-A-Con Equipment Company. The complaint, in effect, stated a cause of-action on implied warranty under A.R.S. § 44-215, subsec. 2, asserting that four tires purchased from the Min-A-Con Equipment Company for use on two earth-moving “Euclid” scrapers were not of merchantable quality.

It appears that in 1959 T.M.K. purchased two “Euclid” scrapers from Min-A-Con. On the sale of this type of equipment a customer can specify the make of tires it wants, and T.M.K. did…