GEO. C. CHRISTOPHER & SON, INC. V. KANSAS PAINT & COLOR CO., INC.
539 P.2d 709 (1974)
NATURE OF THE CASE: This was a breach of warranty action.
FACTS: P claimed a breach of implied warranty to furnish a suitable paint to prime steel.
During jury deliberations the foreman scraped paint from P's exhibit with a pocketknife and
discussed the results with the jury; no such tests were performed on D's exhibits. P
prevailed and D filed a motion for a new trial with some supporting affidavits from jurors;
D alleged jury misconduct.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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