Valmont-Pacific, Inc. v. Kelley

McQUADE, Chief Justice.

This action arises out of the sale of farm sprinkling equipment by Valmont-Pacific, Inc., (plaintiff-appellant) to Leonard M. Kelley, Jr., (defendant-respondent). Prior to December 1, 1966, appellant and respondent surveyed respondent’s farm and entered into a contract of sale of a sprinkler system. It is contended by respondent, and the trial court found, that appellant’s representatives assured respondent, prior to sale, that the system would work on respondent’s lands.

On December 1, 1966, the parties executed a printed “Order Form and Sale’s Contract” for the…