25.07 [1991 Revision] Verdict Directing-Breach of Express Warranty Under Uniform Commercial Code

Instruction No 1 25.07 [1991 Revision] Verdict Directing--Breach of Express Warranty Under Uniform Commercial Code Your verdict must be for plaintiff if you believe: First, defendant sold and plaintiff purchased (here describe the article or product ), and Second, defendant represented [by (here insert conduct claimed to have constituted a representation ) ] that (here insert the representation claimed to be an express warranty under § 400.2­313, RSMo), and Third, such representation [was made to induce plaintiff to purchase] [or] [was a material factor in plaintiff's decision to purchase ] the (describe the article or product ), and Fourth, the (describe the article or product ) did not conform to such representation made by defendant, and Fifth, within a reasonable time after plaintiff knew or should have known of such failure to conform, plaintiff gave defendant notice thereof, and Sixth, as a direct result of such failure to conform, plaintiff was damaged. * [unless you believe plaintiff is not entitled to recover by reason of Instruction Number (here insert number of affirmative defense instruction ) ].