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

Mark Hemmert (plaintiff), a crop-duster pilot, traded in his old plane and bought a new one, the Super B, from Mid-Continent Aircraft (defendant) for $128,000 based on the seller's advertisements and representations. After delivery the plane rolled excessively, was unresponsive, and felt like it was falling out from under him; the defendant's mechanic replaced the engine but the problems persisted. Hemmert sought to revoke his acceptance of the plane.