(DOWNLOAD) "Donald Grus v. Donald Patton" by Eastern District, Division Four Court of Appeals of Missouri " eBook PDF Kindle ePub Free
eBook details
- Title: Donald Grus v. Donald Patton
- Author : Eastern District, Division Four Court of Appeals of Missouri
- Release Date : January 05, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This is an appeal from an order and judgment entered on September 5, 1989 by the Circuit Court of Franklin County dismissing
the plaintiff-appellant's four count amended petition to recover damages for an allegedly defective tractor which was purchased
for $27,800 from respondent, Donald Patton, d/b/a Patton Brothers Tractor & Nursery Co. Two counts of the petition were
dismissed because appellant's action was not filed within the applicable statute of limitations and two counts were dismissed
for failure to state a claim upon which relief can be granted. We affirm. On January 22, 1980, appellant, Donald Grus, entered into a written contract with Patton Tractor and Implement Company for
the purchase of a Deutz farm tractor for $27,800. After a "limited" use of the tractor, Grus started to experience "numerous
problems." His petition alleged that the air conditioner did not work, the tractor did not start, the "heads" leaked, and
the steering did not work. After experiencing these problems, Grus notified Patton of the problems and Patton "attempted to
correct said problems during each calendar year following the purchase through 1988, but was unable to do so. . . ." As a
result of these defects, Grus alleged he suffered damages. On February 22, 1988, an attorney for Grus wrote to Patton, stating
that numerous problems were encountered with the tractor, and that Mr. Grus elected to revoke his acceptance of the tractor
pursuant to § 400.2-608 of the Uniform Commercial Code.