MID CONTINENT AIRCRAFT CORP. v. CURRY CTY. SPRAYING SERVICE, INC.

No. 8772.

553 S.W.2d 935 (1977)

MID CONTINENT AIRCRAFT CORPORATION, Appellant, v. CURRY COUNTY SPRAYING SERVICE, INC., et al., Appellees.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied July 25, 1977.


Attorney(s) appearing for the Case

Underwood, Wilson, Sutton, Berry, Stein & Johnson (H. C. Pipkin), Amarillo, for appellant.

Aldridge, Harding, Aycock & Actkinson (Johnny Actkinson), Farwell, for appellees.


REYNOLDS, Justice.

In the buyer's action to recover from the seller damages to a used aircraft and the resulting economic loss caused by a defect in the aircraft engine which rendered the aircraft an unreasonably dangerous product, the trial court imposed strict liability in allowing recovery against the defense that the used aircraft was bought subject to the terms and conditions of an "as is" sale. While the "as is" sale excluded any liability under a contractual...

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