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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)


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

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Issue

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Holding and Reasoning (Brown, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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