ADAMS v. JOHN DEERE CO.

No. 62,943

13 Kan. App. 2d 489 (1989)

774 P.2d 355

DAN ADAMS, Appellant, v. JOHN DEERE COMPANY, Appellee.

Court of Appeals of Kansas.

Opinion filed May 12, 1989.


Attorney(s) appearing for the Case

John D. Tongier, of Holbrook, Ellis & Heaven, P.A., of Kansas City, for the appellant.

Kathryn H. Vratil and Daniel M. Dibble, of Lathrop, Koontz & Norquist, of Kansas City, Missouri, for the appellee.

Before DAVIS, P.J., LEWIS, J., and TERRY L. BULLOCK, District Judge, assigned.


LEWIS, J.:

The appellant, Dan Adams, appeals the decision of the district court granting summary judgment in favor of the defendant, John Deere Company, from the order of the court dismissing his lawsuit with prejudice for failure to prosecute, and from the order denying his motion to file a second amended petition.

The key issue on this appeal is whether a "no-lost-profits" clause in the agreement between the parties is unconscionable and, therefore, unenforceable...

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