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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Real Estate Marketing, Inc. v. Franz, 885 S.W.2d 921 (1994)

Citation
Real Estate Marketing, Inc. v. Franz, 885 S.W.2d 921 (1994)
Parent Document
Real Estate Marketing, Inc. v. Franz, 885 S.W.2d 921 (1994)
Jurisdiction
Kentucky (state)
Effective Date
1994-10-27

Other Sections in This Document (62)

Full Text

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In 1985, this Court held that under the U.C.C. breach of warranty is only viable when privity exists between the manufacturer and the injured party or if the injured party is one of the persons described in the statute. Williams v. Fulmer, Ky., 695 S.W.2d 411 (1985). The Appellant in that case referred the Court to official “Code Commentary” which states U.C.C. Alternative A “is neutral and is not intended to enlarge or restrict the developing case law on whether the seller’s warranties, given to his buyer who resells, extend to other persons in the distributive chain.” The Court noted that the commentary was not incorporated in nor referred to by our statute.