Geo. C. Christopher & Son, Inc. v. Kansas Paint & Color Co., Inc.

539 P.2d 709 (1974)

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.