West Headnote of the Day – October 28, 2010

October 28, 2010

West's Key 343 Sales
West's Key 343VIII Remedies of Buyer
West's Key 343VIII(D) Actions and Counterclaims for Breach of Warranty
West's Key 343k427 k. Right of Action.

343 SalesAs injuries of customer who was bitten by spider while trying on slacks in clothing store were caused by spider rather than slacks themselves, customer had no cause of action against retailer and supplier of slacks for breach of implied warranty of merchantability.
Flippo v. Mode O’Day Frock Shops of Hollywood, 449 S.W.2d 692 (Ark. 1970)

Suggested by Stacy Colonna; Watts Water Technologies; North Andover, MA