Legal Opinion

Root v. John Deere Company of Indianapolis, Inc.

Court of Appeals of Kentucky (pre-1976)

Decided March 3, 1967PublishedCited by 5 opinions

1Opinion of the Court

STEINFELD, Judge.

This is an action to collect the balance of a debt. Summary judgment was entered for the creditor. The debtor appeals.

Lester C. Root bought a tractor and accessories for a total price of $13,400.00 from Anderson Sales and Service, a dealer. He paid $3,702.00 in cash and entered into a “Time Sale Agreement” in which he agreed to pay the balance in monthly installments. Among other things this agreement provided that it “replaces and has precedence over all prior contracts on the above equipment”. It also contained a “Warranty” which is the crux of this litigation. ,

The…

2Cases cited5 opinions

  1. Johnson v. StumboCourt of Appeals of Kentucky (pre-1976) · 1938
  2. Davey Tree Expert Co. v. AckelbeinCourt of Appeals of Kentucky (pre-1976) · 1930
  3. Vaughan v. General Outdoor Advertising Co.Court of Appeals of Kentucky (pre-1976) · 1961
  4. Walter J. Hieb Sand & Gravel, Inc. v. Universal C. I. T. Credit Corp.Court of Appeals of Kentucky (pre-1976) · 1960
  5. Morgan v. JOHN DEERE COMPANY OF INDIANAPOLISCourt of Appeals of Kentucky (pre-1976) · 1965

3Cited by5 opinions

  1. Massey-Ferguson, Inc. v. UtleyCourt of Appeals of Kentucky (pre-1976) · 1969
  2. International Harvester Credit Corp. v. HillDistrict Court, M.D. Tennessee · 1980
  3. J. I. Case Credit Corp. v. SkjoldalSouth Dakota Supreme Court · 1980
  4. Jennings v. Universal CIT Credit CorporationCourt of Appeals of Kentucky (pre-1976) · 1969
  5. Maxwell v. MoormanCourt of Appeals of Kentucky · 1975

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