Hemmert Agricultural Aviation, Inc. v. Mid-Continent Aircraft Corp.

663 F. Supp. 1546 (1987)

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Hemmert Agricultural Aviation, Inc. v. Mid-Continent Aircraft Corp.

United States District Court for the District of Kansas
663 F. Supp. 1546 (1987)

  • Written by Mary Pfotenhauer, JD

Facts

Mark Hemmert was an agricultural spray pilot. Hemmert, through his company Hemmert Agricultural Aviation, Inc. (HAA) (plaintiff), traded in his old Schweizer Ag-Cat plane (Ag-Cat) and bought a new Ag-Cat 600 Super B plane (Super B) from Mid-Continent Aircraft Corporation (Mid-Continent) (defendant) for $128,000. Based on advertisements for the Super B and statements made by Mid-Continent’s president, Hemmert believed that the Super B would be faster and more maneuverable than his old Ag-Cat. After receiving the Super B, Hemmert complained to Mid-Continent that the plane was unresponsive, rolled excessively, and felt as if it was falling out from under him. Mid-Continent sent a mechanic to replace the Super B’s engine. The mechanic tested the Super B and felt that there was nothing wrong with the plane. Several other experienced agricultural spray pilots who flew Hemmert’s Super B also felt that the plane was less maneuverable than an Ag-Cat and felt as if it was falling out from under them. HAA notified Mid-Continent that HAA was revoking acceptance of the Super B. HAA sued Mid-Continent, seeking to revoke acceptance and recover damages.

Rule of Law

Issue

Holding and Reasoning (Brown, J.)

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