(Download) "Harry Edward Carter v. Hector Supply Co." by Supreme Court of Florida # Book PDF Kindle ePub Free
eBook details
- Title: Harry Edward Carter v. Hector Supply Co.
- Author : Supreme Court of Florida
- Release Date : January 22, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The decision submitted for review is Hector Supply Co. v. Carter, Fla.App.1960, 122 So.2d 22, 23. Carter was an employee of the Dade County school system. Pursuant to advertised invitations respondent Hector Supply Co., a retailer, offered to sell the school board "Four, King OLawn Riding Sulky, bucket type [seats] * * *." The school board purchased the sulkies by the brand name submitted by the retailer. The brand met specifications stipulated by the purchaser. After using the sulkies for several months Carter, the employee, was injured when the frame of one of them collapsed as a result of metal fatigue occasioned by a latent defect. Carter sued Hector, claiming a breach of an alleged warranty of fitness. A jury verdict for Carter was reversed by the Court of Appeal, Third District, 122 So.2d 22, supra. The decision of that court is now tendered for review with the contention that it conflicts with prior decisions of this Court in Smith v. Burdines, Inc., 144 Fla. 500, 198 So. 223, 131 A.L.R. 115; Sencer v. Carls Market, Fla.1950, 45 So.2d 671, and, Food Fair Stores of Florida, Inc. v. Macurda, Fla.1957, 93 So.2d 860.
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