(Download) "Smith v. Stewart" by Supreme Court of Kansas " Book PDF Kindle ePub Free
eBook details
- Title: Smith v. Stewart
- Author : Supreme Court of Kansas
- Release Date : January 15, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The opinion of the court was delivered by This is a contract action brought under the Uniform Commercial Code (K.S.A. 84-1-101 et seq.). Plaintiff-appellant, Gerald Smith, contends the district court erred in granting summary judgment in favor of defendant-appellee, Kenneth F. Stewart, on plaintiff's claims of breach of express and implied warranties. In the Fall of 1980 defendant advertised for sale his 1968 42-foot Trojan yacht known as the Janice Marie II. Plaintiff saw the advertisement and inspected the boat on the Lake of the Ozarks. Plaintiff was experienced in the operation of boats. He owned a 32-foot boat but had a space problem inasmuch as his family consisted of himself, his wife, and eight children. Plaintiff conferred with defendant about the Janice Marie II and operated it on the lake on a trial run. Ultimately, plaintiff decided to purchase the 42-foot boat and the parties drew up a short agreement on November 21, 1980. Plaintiff paid $52,000 for the boat. As a part of the contract, defendant expressly warranted the vessel was free from dry rot and that he would be responsible for any dry rot discovered within six months of date of delivery. Delivery occurred the last weekend in February or the first weekend in March, 1981.