KILEY v. PETSMART, INC.

Nos. 89,893, 90,248

32 Kan.App. 2d 228 (2003)

80 P.3d 1179

JAMES E. KILEY, JR., Appellant, v. PETSMART, INC., Appellee.

Court of Appeals of Kansas.

Opinion filed: December 24, 2003.


Attorney(s) appearing for the Case

James E. Kiley, Jr., of Kiley, Wiesner & Frackowiak, L.L.P., of Overland Park, appellant pro se.

Michael J. Abrams, of Lathrop & Gage, L.C., of Kansas City, Missouri, for the appellee.

Before MARQUARDT, P.J., LEWIS, J., and LARSON, S.J.


LEWIS, J.:

This case involves the sale and purchase of an electric dog fence. The trial court ruled primarily in favor of defendant Petsmart, Inc., and plaintiff James E. Kiley, Jr., appeals.

In May 2000, plaintiff purchased an electric dog fence from defendant's store in Overland Park. He paid the list price of $299.99 for the fence, plus sales tax, for a total of $320.99.

Plaintiff left the store with the new fence and went home and began unpacking...

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