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J & W EQUIPMENT, INC. v. WEINGARTNER

No. 51,167

5 Kan. App. 2d 466 (1980)

618 P.2d 862

J & W EQUIPMENT, INC., Appellee, v. TOM WEINGARTNER, Appellant, v. J I CASE COMPANY, Appellee.

Court of Appeals of Kansas.

Opinion filed October 31, 1980.

Attorney(s) appearing for the Case

Alan D. Weber, of Humboldt, for the appellant.

James M. Immel of Immel & Immel, of Iola, for the appellee J & W Equipment, Inc.

Robert V. Talkington and P.J. Conderman, of Iola, for the appellee J I Case Company.

Before FOTH, C.J., SWINEHART and MEYER, JJ.

SWINEHART, J.:

This is an appeal raising the question of the sufficiency of a disclaimer of a warranty of merchantability as contained in a retail installment contract executed by J & W Equipment, Inc., as seller and Tom Weingartner as purchaser of a farm tractor.

Weingartner purchased a tractor manufactured by J I Case Company on October 31, 1972, from J & W Equipment, Inc. At that time, Weingartner signed a lengthy document entitled "Retail Installment...

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