Tenwick v. Byrd

Tom Glaze, Judge.

This appeal is from an action for damages resulting from appellee’s sale of a used generator to appellants. Appellants Cay Tenwick and George Dart alleged below that the goods deliverd were non-conforming within the meaning set out by the Uniform Commercial Code, and that they were entitled to damages for their costs in curing the defect in the goods pursuant to Ark. Stat. Ann. § 85-2-712 (Add. 1961). The trial court found that the appellee, Jesse Byrd, had neither expressly nor impliedly warranted the sale of the goods to the appellants, that the sale was an “as is”…