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JORDAN v. DOONAN TRUCK & EQUIPMENT, INC.

No. 48,044

220 Kan. 431 (1976)

552 P.2d 881

ARTHUR N. JORDAN, Appellant, v. DOONAN TRUCK & EQUIPMENT, INC., Appellee.

Supreme Court of Kansas.

Opinion filed July 23, 1976.

Attorney(s) appearing for the Case

Ron Svaty, of Aylward, Svaty & Laubengayer, of Ellsworth, argued the cause and was on the brief for the appellant.

Robin L. Wick, of Turner and Hensley, Chartered, of Great Bend, argued the cause, and Raymond L. Dahlberg, of the same firm, was on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY,, J.:

This is an action brought by plaintiff-appellant, Arthur N. Jordan, to recover damages from defendant-appellee, Doonan Truck & Equipment, Inc., for breach of oral express warranties and representations allegedly made by appellee during negotiations prior to the purchase of a truck. Appellant contends the trial court erred by refusing to instruct the jury that express warranties could not be excluded...

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