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

Mark Hemmert, a crop duster pilot and owner of Hemmert Agricultural Aviation, Inc. (the plaintiff), traded in his old airplane and bought a new one from Mid-Continent Aircraft Corporation (the defendant) for $128,000. The plaintiff purchased the new airplane, called the Super B, based on advertisements and statements made by Mid-Continent’s president. The plaintiff believed that the Super B would be more maneuverable in the air and faster than his old airplane. After receiving the Super B, the plaintiff complained to the defendant that the plane rolled excessively, was unresponsive, and felt as if it was falling out from under him. The defendant sent a mechanic to replace the engine in the Super B, tested it, and believed that there was nothing wrong with it. Additionally, other experienced crop duster pilots who also flew the plaintiff’s Super B believed that the plane was less maneuverable than the plaintiff’s old airplane and that it felt as if it was falling out from under them. The plaintiff gave notice to the defendant that he would be revoking his acceptance of the Super B. The plaintiff sued, seeking to revoke that acceptance and to recover damages.