Sears - Steven B KLEIN and Claudia C Klein Appellees v...

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Steven B. KLEIN and Claudia C. Klein, Appellees, v. SEARS ROEBUCK AND COMPANY, A New York Corporation, Appellant, and Murray Ohio Manufacturing Company, Inc., An Ohio Corporation, Defendant. Steven B. KLEIN and Claudia C. Klein, Appellants, v. SEARS ROEBUCK AND COMPANY, A New York Corporation, Appellee, and Murray Ohio Manufacturing Company, Inc., An Ohio Corporation, Defendant. Nos. 84-1681(L), 84-1682. United States Court of Appeals, Fourth Circuit. Argued Feb. 6, 1985. Decided Sept. 17, 1985. Facts Riding lawnmower operator and his wife brought action against seller of mower following accident in which operator's hand came in contact with moving mower blade after mower tipped over backwards. Where purchasers of lawnmower told the salesman of its intended use and their own complete inexperience with lawnmowers, the salesman responded by suggesting that they purchase the particular model which later caused husband's injury, the sale was contingent upon an inspection of the purchasers' property by the salesman and, while payment was made at the store, was not finalized until the salesman pronounced the mower safe for use on that property, an express warranty was created.
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