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Contracts Keyed to Marshall
Betaco, Inc. v. Cessna Aircraft Co.
Citation:
32 F.3d 1126 (1994)Facts
Betaco, Inc. agreed in 1990 to purchase a six-passenger CitationJet from the Cessna Aircraft Company. Betaco’s decision was based in part on Cessna’s representation in a cover letter accompanying the purchase agreement that the new jet was much faster, more efficient and has more range than the popular Citation I, a model with which Betaco was familiar. After advancing $150,000 toward the purchase of the new plane, Betaco became convinced that the CitationJet would not have a greater range than the Citation I with a full passenger load and decided to cancel the purchase. When Cessna refused to return Betaco’s deposit, Betaco filed suit claiming that Cessna had breached an express warranty that the CitationJet had a greater range than the Citation I.
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