FOX v. McKAY MOTOR CO.

No. 42,353

188 Kan. 756 (1961)

366 P.2d 297

VICTOR L. FOX, Appellee, v. R.D. McKAY MOTOR CO., INC., a Kansas Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed November 10, 1961.


Attorney(s) appearing for the Case

George W. Ball, of Wichita, argued the cause, Dale Kidwell, Jack H. Greene and Kenneth M. Nohe, all of Wichita, were with him on the briefs for the appellant.

Robert A. Thiessen, of Wichita, argued the cause, Donald I. Mitchell, Richard W. Holmes and Nicholas W. Klein, all of Wichita, were with him on the briefs for the appellee.


The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal by the defendant in the lower court from a money judgment in favor of the plaintiff in an action for breach of a written new automobile warranty.

The primary questions presented are whether the amount of the verdict is supported by the evidence, and whether the jury was properly instructed.

On the 5th day of July, 1957, the plaintiff (appellee), Victor L. Fox, purchased...

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