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FLEET MAINTENANCE v. BURKE ENERGY MIDWEST CORP.

No. 59,179

11 Kan. App. 2d 523 (1986)

728 P.2d 408

FLEET MAINTENANCE, INC., Appellee, v. BURKE ENERGY MIDWEST CORPORATION d/b/a KANSAS PROPANE, Appellant.

Court of Appeals of Kansas.

Opinion filed November 20, 1986.

Attorney(s) appearing for the Case

Thomas J. Lasater, of Fleeson, Gooing, Coulson & Kitch, of Wichita, for appellant.

James F. Richey, of Wichita, for appellee.

Before BRAZIL, P.J., PAUL W. CLARK, District Judge, assigned, and PAGE W. BENSON, District Judge, assigned.

BENSON, J.:

The defendant, Burke Energy Midwest Corporation, d/b/a Kansas Propane, (Burke) appeals from a judgment requiring that it pay plaintiff, Fleet Maintenance, Inc., (Fleet) the full purchase price for a rebuilt engine.

On June 13, 1984, Fleet Maintenance, Inc., installed a rebuilt short block engine in a truck owned by Burke. Fleet had repaired this engine several times. Burke paid Fleet for both the engine and repairs. On February 21, 1985, the truck...

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