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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

584 chars
The most convincing evidence of the appellant’s standing to sue for breach of warranty is the language of the Beneficial lease agreement. Paragraph 4(b) of that agreement provides that “LESSOR AGREES TO ASSIGN TO LESSEE, SOLELY FOR THE PURPOSE OF MAKING AND PROSECUTING ANY SAID CLAIM, ALL OF THE RIGHTS WHICH LESSOR HAS AGAINST THE SUPPLIER FOR BREACH OF WARRANTY RESPECTING THE EQUIPMENT.” Therefore, by the clear language of the lease agreement and the conduct of the appellees, appellant has the right as the owner of the combine to sue the suppliers Allis-Chalmers and Crab-tree.