Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

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

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


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


Holding and Reasoning (Brown, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 410,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial