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Golden v. Den-Mat Corp.

Kansas Court of Appeals

47 Kan. App. 2d 450, 276 P.3d 773 (2012)

Facts

Den-Mat Corporation (Den-Mat) (defendant) placed a magazine advertisement for teeth-whitening veneers, which Den-Mat promised would never loosen or discolor. The advertisement drew the attention of Brenda Golden (plaintiff), who contacted Den-Mat to find a local dentist who could apply the veneers. Den-Mat referred Golden to Dr. Carissa Gill (defendant). Gill applied the veneers, which soon discolored and fell off. Golden sued Den-Mat and Gill for breach of express warranties related to the veneers’ quality and for breach of implied warranties of merchantability and fitness for a particular purpose. On the undisputed facts of the case, the trial court awarded summary judgment for Den-Mat and Gill. Golden appealed to the Kansas Court of Appeals.

Rule of Law

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Issue

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Holding and Reasoning (Atcheson, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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