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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (1985)

Citation
Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (1985)
Parent Document
Cline v. Allis-Chalmers Corp., 690 S.W.2d 764 (1985)
Jurisdiction
Kentucky (state)
Effective Date
1985-05-24

Other Sections in This Document (48)

Full Text

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The appellant argues that all warranties made by the appellees, Crabtree and Allis-Chalmers, apply to him. In contrast, Allis-Chalmers argues that there is no privity of contract between the appellant and Allis-Chalmers or by implication to Crabtree. Through the lease agreement, Beneficial is the actual purchaser of the combine and the appellant is only a lessee of Beneficial. Allis-Chalmers contends that the appellant is then a third party to the contract to whom the warranties do not extend under KRS 355.2-318. This provision states that a seller’s express or implied warranties only extend to a natural person who is in the family, household, or a guest of the buyer, and it is reasonable to expect them to use the goods.