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Opinion Nos. 76-478 and 76-510. September 27, 1977. Rehearing Denied November 8, 1977. Appeal from the Circuit Court, Dade County, Thomas E. Lee, J. Sawyer
Opinion Nos. 76-478 and 76-510. September 27, 1977. Rehearing Denied November 8, 1977. Appeal from the Circuit Court, Dade County, Thomas E. Lee, J. Sawyer Dunn, Edward C. Vining, Jr. and Richard A. Burt, Merlin Horowitz and Gary Kalos, Miami, for appellants. Manners Amoon, Miami, for appellee. Before HENDRY, C.J., and PEARSON and HUBBART, JJ. HUBBART, Judge. This is an action for breach of express warranty and misrepresentation in the sale of an airplane. Judgment was rendered for the plaintiff-buyer and the seller-defendant appeals. Party defendants responsible for repairing the airplane prior to the sale also appeal. We affirm. In March, 1973, the plaintiff [John Kavanaugh] answered a newspaper ad placed by the defendant [Richard Keenan] advertising the sale of a used 1956 Cessna 172 private airplane. The plaintiff and defendant Keenan met on several occasions to examine the airplane and to discuss the sale. The defendant Keenan stated that the engine in the airplane had recently been completely overhauled during which time a number of new mechanical parts had been placed in the engine. The defendant Keenan gave the plaintiff an engine and propeller logbook detailing the mechanical repair and flight history of the airplane which the plaintiff carefully inspected. The logbook reflected that on May 16, 1972, the engine had been given a major overhaul in which new mechanical parts were placed in the engine all in conformity with the manufacturer's engine overhaul ma
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