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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 (D. Kan. 1987)

Relevant factsFree

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.

IssueFree

Whether a buyer may revoke his acceptance of goods where the goods are substantially nonconforming under the UCC.

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