Ed Van Den Broeke v. Bellanca Aircraft Corporation

LEWIS R. MORGAN, Circuit Judge:

In this diversity action, appellant contends that the district court erred in granting appellee’s motion for summary judgment. The district court held that express disclaimers of warranty precluded appellant’s reliance on implied warranties of merchantability and fitness and negligence in design. Because we hold that the disclaimers were not shown to be part of the agreement, however, we reverse.

The facts are simple. In April of 1973, appellant ordered an airplane from appellee through Abide Aero Service. In arriving at his decision to purchase this plane for…