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WILLMAN v. EWEN

No. 51,478

6 Kan. App. 2d 321 (1981)

627 P.2d 1190

PAULA WILLMAN, Plaintiff-Appellant, v. DALE and RICHARD EWEN, d/b/a EWEN MOTOR COMPANY, Defendants-Appellees. Affirmed , (1981).

Court of Appeals of Kansas.

Opinion filed May 15, 1981.

Attorney(s) appearing for the Case

Bryson R. Cloon, of Cloon & Bennett, of Overland Park, for appellant.

Charles F. Forsyth, of Erie, for appellees.

Before FOTH, C.J., presiding, TERRY L. BULLOCK, District Judge, and FREDERICK WOLESLAGEL, District Judge Retired, assigned.

WOLESLAGEL, J.:

Plaintiff's petition alleged that she was entitled to damages because the defendants failed to deliver an Indianapolis Pace Car she had ordered. The purchase order provided that the defendants would not be "liable for failure to effect delivery." Relying upon those words, the trial court entered summary judgment for defendants. The trial judge noted that the Kansas Consumer Protection Act condemned unconscionable practices even if committed after ...

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