LAWRENCE v. MODERN MOBILE HOMES, INC.

No. KCD 28677.

562 S.W.2d 729 (1978)

Rex LAWRENCE, Appellant, v. MODERN MOBILE HOMES, INC., Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied February 27, 1978.


Attorney(s) appearing for the Case

S. W. Longan, III, Daniel J. Flanigan, Kansas City, for appellant; Logan, Alder, Wilson & Epstein, Kansas City, of counsel.

Carl A. Hummel, Harlan D. Burkhead, Kansas City, for respondent; Lathrop, Koontz, Righter, Clagett, Parker & Norquist, Kansas City, of counsel.

Before PRITCHARD, P. J., SWOFFORD, C. J., and DIXON, J.


PRITCHARD, Presiding Judge.

Appellant's action against respondent was for a revocation of acceptance ("rescission") of his purchase of a mobile home because of alleged defects therein. The trial court denied him the relief prayed for except for an allowance it found to have been expended by him in the amount of $56.00 for repairs to the home.

The dispositive issue is whether appellant's continued use, under all the facts and circumstances, bars him from obtaining...

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