Kentucky Revised Statutes

Ky. Rev. Stat. § 361.690 (2026)

Repealed, 1960

✓ laws through the 2026 session (checked Sept. 2026)
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Catchline at repeal: Remedies for breach of warranty. History: Repealed 1958 Ky. Acts ch. 77, Art. 10, sec. 10-102, effective July 1, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2651b-69.

Notes of Decisions
Cited in 7 cases, 1943–1978 · leading case: Chaplin v. Bessire & Co., 361 S.W.2d 293 (Ky. Ct. App. 1962).
Chaplin v. Bessire & Co., 361 S.W.2d 293 (Ky. Ct. App. 1962). · cites it 2× “The broad principles governing the buyer’s right to rescind a sale of personal property for breach of warranty were codified by § 69 of the Uniform Sales Act, which section seems to have been substantially declaratory of the prevailing case law and, at the time this controversy…”
Myers v. Land, 235 S.W.2d 988 (Ky. Ct. App. 1951). “We do not analyze the pleading's and the evidence upon the theory of a true rescission (see KRS 361.690) since the ap-pellees seem to disavow that basis and insist upon the right of recovery because they did not get what they bargained for or damages for breach of contract or an…”
Bell v. Louisville Motors, Inc., 573 S.W.2d 351 (Ky. Ct. App. 1978). “In this case, there is some indication that Bell did not become aware of the facts which led him to believe that his truck was not new until some time after purchase, after he began to experience problems with the truck, and obtained company work sheets.”
Riggs Motor Co. v. Archer, 240 S.W.2d 75 (Ky. Ct. App. 1951). “It is provided in the Uniform Sales Act, KRS 361.690(6) : “The measure of damages for breach of warranty is the loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty.”
Automatic Equip. Co. v. Mohney, 174 S.W.2d 716 (Ky. Ct. App. 1943). “KRS 361.690(5) provides: “Where the buyer is entitled to rescind the sale and elects to do so, if the seller refuses to accept an offer of the buyer to return the goods, the buyer shall thereafter be deemed to hold the goods as bailee for the seller, but subject to a lien to…”
Wagner v. Guy, 252 S.W.2d 420 (Ky. Ct. App. 1952). “Under the Uniform Sales Act, KRS 361.690(1) (d), the buyer, upon a breach of warranty, may rescind the sales contract either by a return or an offer to return the goods.”
Coyle v. Hall, 219 S.W.2d 48 (Ky. Ct. App. 1949). “Nor can we agree with appellant that the court erred by including in the third instruction, on the measure of damages, that the jury might find for appellee such sum as they believed from the evidence would fairly represent the reasonable cost of any- effort made by him to…”
Ky. Rev. Stat. § 361.690(1): 1 case
Wagner v. Guy, 252 S.W.2d 420 (Ky. Ct. App. 1952). “Under the Uniform Sales Act, KRS 361.690(1) (d), the buyer, upon a breach of warranty, may rescind the sales contract either by a return or an offer to return the goods.”
Ky. Rev. Stat. § 361.690(5): 2 cases
Chaplin v. Bessire & Co., 361 S.W.2d 293 (Ky. Ct. App. 1962). “The broad principles governing the buyer’s right to rescind a sale of personal property for breach of warranty were codified by § 69 of the Uniform Sales Act, which section seems to have been substantially declaratory of the prevailing case law and, at the time this controversy…”
Automatic Equip. Co. v. Mohney, 174 S.W.2d 716 (Ky. Ct. App. 1943). “KRS 361.690(5) provides: “Where the buyer is entitled to rescind the sale and elects to do so, if the seller refuses to accept an offer of the buyer to return the goods, the buyer shall thereafter be deemed to hold the goods as bailee for the seller, but subject to a lien to…”
Ky. Rev. Stat. § 361.690(6): 1 case
Riggs Motor Co. v. Archer, 240 S.W.2d 75 (Ky. Ct. App. 1951). “It is provided in the Uniform Sales Act, KRS 361.690(6) : “The measure of damages for breach of warranty is the loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty.”
Ky. Rev. Stat. § 361.690(7): 1 case
Coyle v. Hall, 219 S.W.2d 48 (Ky. Ct. App. 1949). “Nor can we agree with appellant that the court erred by including in the third instruction, on the measure of damages, that the jury might find for appellee such sum as they believed from the evidence would fairly represent the reasonable cost of any- effort made by him to…”
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