Gramling v. Baltz

Frank Holt, Justice.

On rehearing International Harvester Company contends that it made no warranty of fitness and that the court erred in holding International’s exclusionary language was not sufficiently conspicuous to preclude consequential damages.

On the record as abstracted the evidence is insufficient to show an implied warranty of fitness. However, there is ample evidence to support appellant’s claim to the implied warranty of merchantability. Ark. Stat. Ann. § 85-2-3-14 (Add. 1961). Of course, on a new trial the evidence will not necessarily be the same, but proof of either warranty…