MASHLAN v. E.M. TRUCKS, INC.

No. C2-88-2673.

443 N.W.2d 226 (1989)

Gene A. MASHLAN, et al., Appellants, v. E.M. TRUCKS, INC., Respondent, United Leasing & Financial Services, d/b/a United General Leasing, Inc., Defendant.

Court of Appeals of Minnesota.

Review Denied September 15, 1989.


Attorney(s) appearing for the Case

James W. Balmer, Falsani, Balmer, Berglund & Merritt, Duluth, for appellants.

David A. Donna, Lindquist & Vennum, Minneapolis, for respondent.

John Fillenworth, Eckman & Fillenworth, Duluth, for defendant.

Heard, considered and decided by CRIPPEN, P.J., and NORTON and MULALLY, JJ.


OPINION

CRIPPEN, Judge.

A jury found that respondent E.M. Trucks, Inc. breached express warranties and that appellant properly revoked acceptance of a defective truck. We affirm the trial court's judgment notwithstanding the verdict that appellants were lessees not entitled to recover damages from the dealer.

FACTS

In February 1979, appellants Gene and Susan Mashlan discussed with respondent E.M. Trucks, Inc. the purchase of a second new...

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