Howard PERRY, Appellee, v. LAWSON FORD TRACTOR CO. and Ford Motor Company, Appellants, 1980 OK 90

Summary

Manufacturer and seller appealed the judgment from a jury verdict in buyer's favor for breach of implied warranty in an action by buyer against seller for fraud and misrepresentation in sale of combine and for breach of warranties. Seller put forth four contentions related to the scope of the implied-warranty claim. Using the evidence in the record and the terms of the Oklahoma Commercial Code, the court found none persuasive. Seller also asserted errors as to the instruction and submission of damages. Evidence supported some of the instructions. However, the court agreed as to the insufficiency of evidence to support how consequential and breach of warranty of merchantability damages were measured. It was also reversible error when the trial court failed or refused to give the jury a requested instruction on the main theory of defense that was supported by the evidence. Judgment was reversed and remanded.