Kentucky Revised Statutes
Ky. Rev. Stat. § 361.710 (2026)
Repealed, 1960
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Catchline at repeal: Variation of implied obligations. History: Repealed 1958 Ky.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-71.
Notes of Decisions
Cited in 7
cases, 1943–1960 · leading case: Myers v. Land, 235 S.W.2d 988 (Ky. Ct. App. 1951).
Myers v. Land, 235 S.W.2d 988 (Ky. Ct. App. 1951). “KRS 361.710, Sec. 71 of the Uniform Sales Act, provides that where any right or liability would arise under a contract of sale by implication of law “it may be negatived or varied by express agreement”.”
Dreyer-Whitehead & Goedecke, Inc. v. Land, 216 S.W.2d 413 (Ky. Ct. App. 1948). “KRS 361.710; Graves lee Cream Co. *116 v.”
Walter J. Hieb Sand & Gravel, Inc. v. Universal C. I. T. Credit Corp., 332 S.W.2d 619 (Ky. Ct. App. 1960). “In fact, a portion of our Uniform Sales Act, KRS 361.710, authorizes agreed variations of implied obligations usually incident to sales: “Where any right, duty or liability would arise under a contract to sell or a sale by implication of law, it may be negatived or varied by…”
Whayne Supply Co. v. Gregory, 291 S.W.2d 835 (Ky. Ct. App. 1956). “” KRS 361.710 provides: “Where any right, duty or liability would arise under a contract to sell ■ or a sale by implication of law, it may be negatived or varied by express agreement or by course of dealing between the parties .”
James v. Int'l Harvester Co., 172 S.W.2d 670 (Ky. Ct. App. 1943). ““Section 2651b-71 (now KRS 361.710), a section of the Uniform Sales Act, provides as follows': 'Where any right, duty or liability would arise under a contract to sell or a sale by implication of law, it may be negatived or varied by express agreement or by course of dealing…”
L. R. Cooke Chevrolet Co. v. Culligan Soft Water Serv. of Lexington, Inc., 282 S.W.2d 349 (Ky. Ct. App. 1955). “However, KRS 361.710'provides: “Where any right, duty or liability would arise under a contract to sell or a sale by implication of law, it may be negatived or varied by express agreement or by course of dealing between the parties, or by custom, if the custom be such as to bind…”
Amos v. Montgomery, 339 S.W.2d 471 (Ky. Ct. App. 1960). “” Another section of the statute, KRS 361.710, provides: “Where any right, duty or liability would arise under a contract to sell or a sale by implication of law, it may be negatived or varied by express agreement or by course of dealing between the parties, or by custom, if the…”
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