Oller v. Kincheloe's, Inc.

The opinion of the court was delivered by

Prager, J.:

This is an action brought by a custom cutter to recover damages resulting from alleged defects in a new combine/gleaner sold to the plaintiff by a Pratt County implement dealer. The district court granted summary judgment in favor of defendant and plaintiff has appealed.

For purposes of this appeal the facts are undisputed and essentially are as follows: The plaintiff, Melvin A. Oiler, a custom combine cutter, bought a new combine from defendant, Kincheloe’s, Inc. The combine was delivered to the plaintiff in late May or early June of 1975.…