B. B. P. Association v. Cessna Aircraft

Plaintiff (appellant), a domestic corporation, brought this action against the Cessna Aircraft Company (respondent), a Kansas corporation, engaged in the manufacture and sale of aircraft. The Idaho Aviation Center, Inc., an Idaho corporation, is also named as a defendant. This company has its principal place of business at Idaho Falls and is engaged in retailing, servicing, and repairing aircraft manufactured by defendant Cessna Aircraft Company. Plaintiff alleged that on or about June 22, 1963, it purchased from the defendant retailer a certain aircraft manufactured by the Cessna Aircraft Company; that the aircraft was warranted by the defendant manufacturer and the defendant retailer to be reasonably fit for the purpose for which it was manufactured and sold, to wit: for the transportation of plaintiff's officers and agents; that it was a first class aircraft of its kind and class; that it was properly and sufficiently constructed and free from defects in material and workmanship. Plaintiff further alleged that on or about August 25, 1963, plaintiff discovered that the aircraft was not fit for the general purpose for which it was manufactured and sold; that it did not fulfill the warranty and in particular that it had been manufactured with a defective engine; that after examination of the engine the manufacturer and retailer agreed to furnish and install a new engine; that thereafter and on or about September 22, 1963, the retailer and manufacturer informed plaintiff that a new engine had been installed and that the aircraft and engine were airworthy and operational; that plaintiff subsequently discovered that the engine installed was not a new one and that it continued to malfunction and as a result the aircraft was not safe to fly.