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UNITED AMERICAN ST. BANK v. WILD WEST CHRYSLER PLYMOUTH

No. 48,101

221 Kan. 523 (1977)

561 P.2d 792

UNITED AMERICAN STATE BANK AND TRUST COMPANY, Appellee, v. WILD WEST CHRYSLER PLYMOUTH, INC., Appellant.

Supreme Court of Kansas.

Opinion filed March 5, 1977.

Attorney(s) appearing for the Case

Herbert W. Hopper, of Hopper, Fuqua & Hopper, of Wichita, argued the cause and was on the brief for the appellant.

Ken M. Peterson, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

This is a suit brought by United American State Bank and Trust Company (hereinafter referred to as United), against Wild West Chrysler Plymouth, Inc. (hereinafter referred to as Wild West), for breach of an express warranty contained within an assignment provision of a security agreement-retail installment note. The trial court, after hearing evidence, found Wild West had breached the warranty and awarded...

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