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OLLER v. KINCHELOE'S, INC.

No. 55,764

235 Kan. 440 (1984)

681 P.2d 630

MELVIN A. OLLER, Plaintiff/Appellant, v. KINCHELOE'S, INC., a Kansas Corporation, Defendant/Appellee, v. ALLIS-CHALMERS CORPORATION, et al., Third-Party Defendants/Appellees.

Supreme Court of Kansas.

Opinion filed April 27, 1984.

Attorney(s) appearing for the Case

T.J. Carney, of Turner and Boisseau, Chartered, of Great Bend, argued the cause, and Casey R. Law, of the same firm, was with him on the briefs for the appellant.

Robert Eisenhauer, of Hampton, Hampton, Schmisseur & Eisenhauer, of Pratt, argued the cause and was on the brief for appellee Kincheloe, Inc.

Anne L. Baker, of Eidson, Lewis, Porter & Haynes, of Topeka, argued the cause, and Dale L. Somers, of the same firm, was with her on the brief for appellee Allis-Chalmers Corporation.

The opinion of the court was delivered by

PRAGER, J.:

This is an action brought by a custom cutter to recover damages resulting from alleged defects in a new combine/gleaner sold to the plaintiff by a Pratt County implement dealer. The district court granted summary judgment in favor of defendant and plaintiff has appealed.

For purposes of this appeal the facts are undisputed and essentially are as follows...

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