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Killion v. Buran Equipment Co.

California Court of Appeal

27 UCC Rep. Serv. 970 (1979)

Facts

Killion (plaintiff) sued Buran Equipment Co. (Buran) (defendant) for misrepresenting that the diesel engine in the used truck Killion purchased from Buran was the original equipment engine as installed by the manufacturer and that the engine had been given a major overhaul. Attached to the complaint was the purchase order for the used truck, which constituted the written agreement of the parties. Under the printed word “Warranty” on the purchase order was handwritten “Eng. & Work Performed by BAK Guaranted [sic] for 60 days,” and under the printed word “Year” was handwritten “1968.” The purchase order also stated that the sale was “on an ‘as is’ basis without warranty of any character express or implied.” The court sustained Buran’s demurrer to the complaint. Killion appealed.

Rule of Law

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Issue

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Holding and Reasoning (Per curiam)

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