25.08 [1980 New] Verdict Directing-Breach of Implied Warranty of Merchantability Under Uniform Commercial Code

Instruction No 1 25.08 [1980 New] Verdict Directing--Breach of Implied Warranty of Merchantability Under Uniform Commercial Code Your verdict must be for plaintiff if you believe: First, defendant sold and plaintiff purchased (describe the article or product ), and Second, when sold by defendant (describe the article or product ) was not fit for one of its ordinary purposes, and Third, plaintiff used such (describe the article or product ) for such a purpose, and Fourth, within a reasonable time after plaintiff knew or should have known the product was not fit for such purpose, plaintiff gave defendant notice thereof, and Fifth, as a direct result of such (describe the article or product ) being unfit for such purpose, plaintiff was damaged. * [unless you believe plaintiff is not entitled to recover by reason of Instruction Number (here insert number of affirmative defense instruction ) ].