Jordan v. Doonan Truck & Equipment, Inc.

The opinion of the court was delivered by

Owsley, J.:

This is an action brought by plaintiff-appellant, Arthur N. Jordan, to recover damages from defendant-appellee, Doonan Truck & Equipment, Inc., for breach of oral express warranties and representations allegedly made by appellee during negotiations prior to the purchase of a truck. Appellant contends the trial court erred by refusing to instruct the jury that express warranties could not be excluded or disclaimed.

On or about February 10, 1972, appellant and his brother, Charles Jordan, went to appellee’s place of business in Great Bend,…