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STEELE v. J.I. CASE CO.

No. 44,558

197 Kan. 554 (1966)

419 P.2d 902

DALE STEELE, Appellee and Cross-Appellant, v. J.I. CASE COMPANY and WESTERN IMPLEMENT CO., INC., Appellants and Cross-Appellees.

Supreme Court of Kansas.

Opinion filed November 5, 1966.

Attorney(s) appearing for the Case

Geo. V. Allen, of Lawrence, argued the cause, and Don C. Smith, of Dodge City, was with him on the briefs for the appellants and cross-appellees.

James A. Williams, of Dodge City, argued the cause and was on the brief for the appellee and cross-appellant.

The opinion of the court was delivered by

FONTRON, J.:

This is an action to recover damages to crops growing out of a breach of an express warranty given on three new Case combines. The action was tried to a jury which returned a verdict in favor of the plaintiff. Judgment was entered on the verdict and the defendants have appealed.

The plaintiff, Dale Steele, is a western Kansas farmer engaged in extensive farming operations, on his own and rented...

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