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

•The opinion of the court was delivered by

Owsley, J.:

This action was based on the breach of an implied warranty to furnish a suitable paint to prime steel. In a jury trial the plaintiff prevailed, resulting in an appeal by defendant. The principal issue on appeal involves a construction of the rules relating to sales as set forth in the Uniform Commercial Code. (K. S. A. Chapter 84, Article 2.)

Plaintiff is a structural steel fabricating company with its plant in Wichita, Kansas. For many years plaintiff has purchased primer paint from defendant, a paint manufacturer and seller, for use in its…